Dividing Fences Act 1991
8Contribution where negligent or deliberate act
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8 Contribution where negligent or deliberate act
8 Contribution where negligent or deliberate act
(1) Despite section 7, an adjoining owner is liable for up to the whole cost of the fencing work required to restore a dividing fence that has been damaged or destroyed by a negligent or deliberate act of the owner or of a person who has entered the land concerned with the express or implied consent of the owner.
(2) Any such dividing fence is to be restored to a reasonable standard, having regard to its state before the damage or destruction.
(3) In determining an adjoining owner’s liability under this section, it does not matter if the negligent or deliberate act concerned took place before the commencement of this section.