FENCES ACT 1975 - SECT 8
FENCES ACT 1975 - SECT 8
8—Performance of fencing work
(1) Where notice of
the proposed erection of a fence, or the proposed performance of replacement,
repair or maintenance work in relation to a fence has been served in
accordance with this Act, the proponent may proceed with the
fencing work—
(a)
after the expiration of thirty days from the date of service of the notice, if
he is not served with a cross-notice during that period; or
(b) if
he is served with a cross-notice during that period, after agreement has been
reached upon the proposals and counter-proposals (if any) or any differences
have been adjudicated upon by the court.
(2) Except as
otherwise provided in this Act, no contribution shall be recoverable under the
provisions of this Act in respect of fencing work performed before the
proponent becomes entitled to proceed with the fencing work under
subsection (1) of this section.
(3) If the proponent
does not proceed with the fencing work within twenty-eight days after the day
on which he becomes entitled to do so in accordance with subsection (1)
of this section, or such longer period as may be agreed upon by the parties or
fixed by the court, the adjoining owner may proceed with the fencing work.
(4) If the
fencing work is discontinued by either party for more than twenty-eight days
prior to its completion the other party may proceed to complete the work.
(5) If neither the
proponent nor the adjoining owner proceeds with the fencing work for a period
in excess of the prescribed period, or the work is discontinued for any such
period, the agreement shall, as to the part of the work that then remains to
be performed, lapse.
(6) The prescribed
period referred to in subsection (5) of this section is a period agreed
upon by the proponent and the adjoining owner, or determined by order of the
court, or in the absence of any such agreement or order, a period of four
months.