(1) Where the owner of
land bounded by a road constructs a sufficient fence on the boundary of the
land and the road and another owner of land afterwards adopts any means
whereby his land is in any way enclosed by that fence, or afterwards avails
himself of that fence or renders it of beneficial use to himself, the
last-mentioned owner is liable, so long as his land is so enclosed or he
avails himself of the fence or makes beneficial use of it, to join in or
contribute in equal proportions to the repair of so much of the fence as
encloses his land or is availed or made beneficial use of by him.
(2) In this section
owner includes any person who, at the time —
(a) of
the construction of the fence referred to in subsection (1); or
(b) of
adopting any means whereby his land is in any way enclosed by the fence; or
(c) of
availing himself of the fence; or
(d) of
rendering the fence of beneficial use to himself,
is the holder of a
lease the unexpired portion of the term of which is not less than 5 years.