Fencing Act 1978

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Part 5 Miscellaneous provisions

26 Right of persons constructing fences to enter on adjoining land


Where an occupier is doing or proposes to do work under this Act and access to the fence over his own land is more difficult, inconvenient, or expensive than over the adjoining land, the court may authorise that occupier, his agents, workmen, and contractors, with or without animals, vehicles, aircraft, hovercraft, any mode of conveyance, and any equipment, to enter upon any portion of the adjoining land at all reasonable times and do such things thereon as are reasonably necessary to carry out the work.


The following provisions shall apply with respect to any order made under subsection (1):


the right of entry thereby conferred shall be exercised so as to cause as little damage as possible to the land entered upon and as little disturbance as possible to persons lawfully upon the land, and shall be upon such terms and conditions, including payment of compensation, as the court thinks fit:


no such order shall authorise any person to cut down, lop, or injure any tree or shrub without the consent of the owner.


If an owner or occupier of land, by himself or his agents or employees, obstructs any entry authorised by an order made under subsection (1), he shall be liable (in addition to any other penalty that he may incur) to pay the entire cost of the work, unless the court (on application made by him in that behalf) orders him to pay part only of that cost.

Compare: 1908 No 61 s 45