402Right to enter and use an unused road

402 Right to enter and use an unused road S. 402(1) amended by Nos 9019 s. 2(1)(Sch. item 99), 10011 s. 20(a), 96/1994 s. 33(l), 30/2014 s. 14(b). (1) Where the land on one side only of an unused road is fenced off from such road the occupier of any unfenced private land on the opposite side of such road shall obtain a licence under Division 8 of Part I or section 138 of this Act to enter and use the whole of such road to the extent to which his land abuts thereon. The occupier of such unfenced private land while he is the licensee of such unused road shall when any dividing fence between such road and any private land on the other side of the road is out of repair or becomes insufficient be liable for one-half the cost of repairing such fence as if he were an owner within the meaning of the **Fences Act 1968**. S. 402(2) amended by Nos 10011 s. 20(a), 96/1994 s. 33(l). (2) Where the land on both sides of an unused road is not fenced off from such road the occupier of any private land on either side of such road shall obtain a licence under Division 8 of Part I or section 138 of this Act to enter and use the half of such road on which his land abuts: S. 402(2) Proviso amended by Nos 10011 s. 20(a), 96/1994 s. 33(l). Provided that— (a) if the occupier of the land on one side of the road consents in writing the occupier of the land on the opposite side may obtain a licence under Division 8 of Part I or section 138 of this Act to enter and use the whole of the road to the extent to which his land abuts thereon; or (b) if both occupiers agree in writing as to the parts of the road for which each of them shall obtain a licence under Division 8 of Part I or section 138 of this Act and those parts together comprise the whole of the road to the extent to which their lands abut thereon they may obtain licences accordingly but no fence shall be placed on the road except at right angles thereto. No. 6299 s. 906. S. 403 inserted by No. 6794 s. 3, amended by Nos 10011 s. 20(b)(c), 96/1994 s. 33(m).