Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.26Contribution—negligent or deliberate act or omission
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sec.26 Contribution—negligent or deliberate act or omission
This section applies if, whether before or after the commencement of this section, a dividing fence is damaged or destroyed by a negligent or deliberate act or omission of— an owner of land; or a person who has entered the owner’s land with the express consent of the owner. The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction. If the owner does not comply with subsection (2) , the adjoining owner may give the owner a notice under section 31 or carry out urgent fencing work. (sec.26-ssec.1) This section applies if, whether before or after the commencement of this section, a dividing fence is damaged or destroyed by a negligent or deliberate act or omission of— an owner of land; or a person who has entered the owner’s land with the express consent of the owner. (sec.26-ssec.2) The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction. If the owner does not comply with subsection (2) , the adjoining owner may give the owner a notice under section 31 or carry out urgent fencing work.
- (a) an owner of land; or
- (b) a person who has entered the owner’s land with the express consent of the owner.