A fence that is on the side of right of way that is used to access one of our rentals fell over in a storm about a month ago.
I am wondering what shares should each of the neighbours pay. According to the title, the lots who use the fence are the neighbour on the other side of the fence (Lot 47), a neighbour who has an easement to access the right of way (Lot 45), and Lot 46 which owns the common land that this half of the right of way is on - which is a cross lease with two houses on it.
How do we split this up? Section 9 of Fencing Act 1978 says "Subject to the provisions of this Act, and to any order of the court made under this Act, the occupiers of adjoining lands not divided by an adequate fence are liable to contribute in equal proportions to work on a fence.".
What does equal proportions mean? My guess is that neighbours on each side of the fence should pay equal amounts, so Lot 47 should pay half, and Lot 45 & 46 should pay the other half. Out of the 45 & 46, does each lot pay an equal amount (one quarter), and so then each of the cross leased houses on lot 45 pay an equal amount (one eighth)?
Thanks,
Brendan
I am wondering what shares should each of the neighbours pay. According to the title, the lots who use the fence are the neighbour on the other side of the fence (Lot 47), a neighbour who has an easement to access the right of way (Lot 45), and Lot 46 which owns the common land that this half of the right of way is on - which is a cross lease with two houses on it.
How do we split this up? Section 9 of Fencing Act 1978 says "Subject to the provisions of this Act, and to any order of the court made under this Act, the occupiers of adjoining lands not divided by an adequate fence are liable to contribute in equal proportions to work on a fence.".
What does equal proportions mean? My guess is that neighbours on each side of the fence should pay equal amounts, so Lot 47 should pay half, and Lot 45 & 46 should pay the other half. Out of the 45 & 46, does each lot pay an equal amount (one quarter), and so then each of the cross leased houses on lot 45 pay an equal amount (one eighth)?
Thanks,
Brendan
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