Land And Conveyancing Law Reform Act 2009

43.

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).