South Australian Current Acts South Australian Current Acts11—Case where fence divides land from public road and owner of land
abutting upon road derives benefit from fence
(1) Where a person has
erected a fence dividing his land from a public road, and any other person who
is the owner of land abutting upon the road derives use of, or benefit from
the fence, by reason of the proximity of the fence to his own land the person
by whom the fence has been erected may institute proceedings in the court for
the recovery from that other person of a contribution towards the cost of
erecting the fence or any further fencing work in relation to the fence.
(2) The court may
order the person against whom the proceedings are taken to make such
contribution as it considers just in view of the benefit that he derives in
consequence of the erection of the fence or the performance of the further
fencing work.