8. Fence not to encroach without consent or Court Order---(1)
 Notwithstanding anything in this Act, no person is entitled to erect a
 fence that encroaches to any degree whatever upon any land of which he
 is not the occupier, except---
   (a) With the consent of the occupier of that land; or
   (b) Pursuant to an order of the Court made under section 24 of this
         Act.

   (2) Where any fence erected otherwise than in accordance with
 subsection (1) of this section encroaches upon any land of which the
 person who erected the fence is not the occupier, the occupier of that
 land may apply to the Court for an order that the fence be removed; and
 the Court shall order the removal of the fence (at the expense of the
 person who erected it) unless it is satisfied---
   (a) That the degree of encroachment is minimal; and
   (b) That the encroachment in no way adversely affects the use and
         enjoyment of his land by the applicant.

   (3) Nothing in this section applies in respect of a fence erected
 before the commencement of this Act.