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Fencing Act 1978  050
Commenced: 1 Apr 1979
III: Liability for Work on a Fence
10   Notice to do work to be given




   10. Notice to do work to be given---(1) Any occupier who desires to
 compel any other occupier under this Act to contribute to the cost of
 work on a fence shall serve on him a notice in the form numbered 1 in
 the First Schedule to this Act or to the like effect.

   (2) The notice shall---
   (a) Specify the boundary or line of fence, or the parts of the
         boundary or the line of fence, along which the work is to be
         done; and
   (b) Specify (whether by reference to a fence described in the Second
         Schedule to this Act or otherwise) the work proposed to be
         carried out with sufficient particularity to enable the occupier
         on whom the notice is served to---
           (i) Comprehend the nature of the work proposed and the
         materials to be used; and
           (ii) Estimate the cost of the work; and
   (c) Specify the consequences of failure to comply therewith.

   (3) If it is proposed that the cost of the work shall be borne
 otherwise than in equal shares, the notice shall state the shares that
 are proposed.

   (4) Except as provided in section 16 of this Act, in the absence of
 agreement to the contrary the occupier of any adjoining land shall not
 be liable to contribute to the cost of any of the following:
   (a) Any part of the work on a fence that is done before notice
         relating to the work has been duly served on him:
   (b) Any part of the work that is done after the due service of such a
         notice and before the due service of a cross-notice on the
         occupier who gave the notice or the expiration of 21 days from
         the date of the service of the notice, whichever first happens:
   (c) Any part of the work that is done after the due service of such
         notice and cross-notice and while differences between the
         parties remain to be resolved either by agreement or by the
         Court.
     Cf. 1908, No. 61, s. 12
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