Section 2Part 0 —
Cost of constructing, etc., of fences to be borne by adjoining land owners
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Subject to subsection (2), the cost of constructing, repairing and maintaining a fence between properties is to be borne by the owners of those properties as assessed under subsection (3).
If a fence is destroyed or damaged by the act or neglect of one owner whose property adjoins the fence, the cost of replacing or repairing the fence is to be borne by that owner except to the extent that the cost relates to any improvement to the fence destroyed or damaged, in which case that additional cost is to be borne by the owners of the properties adjoining the fence as assessed under subsection (3).
In assessing each owner's obligation to pay the cost of constructing, repairing or maintaining a fence under subsection (1) or (2) regard shall be had to —
the benefit each owner receives by virtue of the fence; and
the type of fence it is appropriate for each owner to pay towards, having regard to his use of his property.
Where the owner of property has constructed, repaired or maintained a fence and the owner of an adjoining property is, by virtue of subsection (1) or (2), liable for a proportion of the cost of constructing, repairing or maintaining the fence as assessed under subsection (3), the proportion of the cost so assessed is a debt due to the owner who constructed, repaired or maintained the fence.
the owner of property has constructed, repaired or maintained a fence; and
the owner of an adjoining property is, by virtue of subsection (1) or (2), liable for a proportion of the cost of constructing, repairing or maintaining the fence as assessed under subsection (3),