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BOUNDARY FENCES ACT 1908 - SECT 48 Notice to cut live fences and to clear adjoining land

BOUNDARY FENCES ACT 1908 - SECT 48

Notice to cut live fences and to clear adjoining land

(1)  The occupier of any land may, by notice in writing under his hand, require the occupier of any adjoining land –
(a) to cut and keep cut any live boundary fence to a distance of not more than one metre from the boundary line of such adjoining lands or to a height of 1.8 metres, or both; and
(b) to clear and keep clear of all gorse, briar, bramble, bracken fern, fireweed, undergrowth, or weed within the meaning of the Biosecurity Act 2019 , any land adjoining any boundary fence, to a distance of not less than 5 metres from such boundary fence.
(2)  In the event of any such occupier neglecting or refusing for the space of one month after the receipt of any such notice–
(a) to cut and keep cut any such boundary fence as aforesaid; or
(b) to clear and keep clear as aforesaid the land adjoining any boundary fence–
the occupier giving such notice as aforesaid may enter upon such adjoining land and cut such boundary fence to such width, or height, or both, as aforesaid, and may clear the land adjoining any boundary fence to such distance as aforesaid, and recover the cost of so doing from the occupier of such adjoining land in any court of competent jurisdiction.
(3)  .  .  .  .  .  .  .  .