Who pays for the cost of the relocation of the fence onto the correct boundary and what steps should be followed to shift the fence?
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The Act defines the word ‘repair’ as including ‘realign and re-erect’, so the provisions which deal with repairing a dividing fence also apply to fences which need realignment or re-erection. You should give the necessary notice and obtain agreement before commencing work to realign and reconstruct the fence on the correct boundary line. If you are constructing an entirely different type of fence this may be considered erection of a new fence, in which case the procedure for erecting a new fence should be followed.