18. Person taking advantage of fence---(1) In any case where there is
a fence along the boundary between any land and a road, if a person
(other than the owner or occupier or some other person lawfully in
possession of that land) adopts or takes advantage of any means by which
the fence is rendered of beneficial use to himself, or avails himself of
the fence, the occupier of that land may serve on that other person a
notice in writing requiring him to pay interest at the rate of 10
percent per annum on half the value of the fence at the time of the
serving of the notice; and, so long as that other person continues to
take advantage or avail himself of the fence, he shall be liable to pay
that interest to the giver of the notice or his successor in title, and
he shall also be liable for repairs to the fence as if he were an
adjoining occupier.
(2) In any case where a notice in respect of a fence has been served
under subsection (1) of this section and the value of the fence
subsequently increases, a further notice in respect of the fence may be
served under that subsection and the provisions of that subsection shall
apply accordingly in respect of that further notice.
Cf. 1908, No. 61, s. 25