238Maintenance of works

238 Maintenance of works S. 238(1) amended by No. 42/2021 s. 142. (1) The owner of land in favour of which a right of access is created may enter the land over which the right of access is created to install, remove, alter or maintain any works on the land over which the right of access is created that are necessary for the use of the right of access. (2) If that owner fails to maintain those works, the owner of the land over which the right of access is created may, after giving the other owner 14 days' notice of his or her intention to carry out the maintenance and recover from the other owner the reasonable costs of that maintenance, maintain the works and recover those costs. S. 238(3) amended by No. 85/2006 s. 100. (3) If a dispute arises over the maintenance or the costs of it, either owner may apply to the Minister for the appointment of an Authority to decide the issue. S. 238(3)(a) repealed by No. 85/2006 s. 100. S. 238(3)(b) substituted by No. 52/1998 s. 311(Sch. 1 item 105.40), repealed by No. 85/2006 s. 100. (4) Section 235(5), (6) and (7) applies in relation to a decision under subsection (3) as if it were a decision under section 235(1).