Land And Conveyancing Law Reform Act 2009
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Chapter 3 Party structures | ||
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Interpretation of Chapter 3. |
43.— In this Chapter, unless the context otherwise requires— | |
“adjoining” includes adjacent; | ||
“adjoining owner” means the owner of any estate or interest in a building or unbuilt-on land adjoining that of the building owner; | ||
“building” includes part of a building; | ||
“building owner” means the owner for the time being of any estate or interest in a building or unbuilt-on land who wishes to carry out works to a party structure; | ||
“the court” means the District Court; | ||
“party structure” means any arch, ceiling, ditch, fence, floor, hedge, partition, shrub, tree, wall or other structure which horizontally, vertically or in any other way— | ||
(a) divides adjoining and separately owned buildings, or | ||
(b) is situated at or on or so close to the boundary line between adjoining and separately owned buildings or between such buildings and unbuilt-on lands that it is impossible or not reasonably practical to carry out works to the structure without access to the adjoining building or unbuilt-on land, | ||
and includes any such structure which is— | ||
(i) situated entirely in or on one of the adjoining buildings or unbuilt-on lands, or | ||
(ii) straddles the boundary line between adjoining buildings or between such buildings and unbuilt-on lands and is either co-owned by their respective owners or subject to some division of ownership between them; | ||
“ works ” include— | ||
(a) carrying out works of adjustment, alteration, cutting into or away, decoration, demolition, improvement, lowering, maintenance, raising, renewal, repair, replacement, strengthening or taking down, | ||
(b) cutting, treating or replacing any hedge, tree or shrub, | ||
(c) clearing or filling in ditches, | ||
(d) ascertaining the course of cables, drains, pipes, sewers, wires or other conduits and clearing, renewing, repairing or replacing them, | ||
(e) carrying out inspections, drawing up plans and performing other tasks requisite for, incidental to or consequential on any works falling within paragraphs (a) to (d); | ||
“works order” means an order under section 45 (1). |