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FENCES ACT 1975 - SECT 5

FENCES ACT 1975 - SECT 5

5—Notice of intention to perform fencing work

        (1)         Where the owner of any land proposes to erect a fence dividing his land from the land of an adjoining owner, he may serve notice of that intention upon the adjoining owner.

        (2)         The notice must be in the Form No 1 in the Schedule to this Act and must state—

            (a)         the length and position of the proposed fence;

            (b)         the nature of the proposed fence;

            (c)         an estimate of the cost of the erection of the proposed fence;

            (d)         the amount that the proponent seeks to recover from the adjoining owner towards the cost of the proposed fence;

            (e)         where the proposed line of the fence encroaches into the land of the adjoining owner, whether the proponent proposes to pay compensation to the adjoining owner for loss of occupation, and, if so, the amount of that compensation;

            (f)         the name and address of any contractor or other person by whom the proposed fence is to be erected.

        (3)         Where the owner of any land proposes to perform any replacement, repair or maintenance work in relation to a fence dividing his land from the land of an adjoining owner, he may serve notice of that intention upon the adjoining owner.

        (4)         The notice must be in the Form No 2 in the Schedule to this Act and must state—

            (a)         the nature and location of the proposed work; and

            (b)         the cost of the proposed work; and

            (c)         the amount that the proponent seeks to recover from the adjoining owner towards the cost of the proposed work; and

            (d)         the name and address of any contractor or other person by whom the proposed work is to be performed.