The Chronicle LEVIN. FRIDAY, JUNE 30, 1916. THE FENOING ACT.

Horowhenua Chronicle, 30 June 1916, Page 2

The Chronicle LEVIN. FRIDAY, JUNE 30, 1916. THE FENOING ACT.

A weakness in The Fencing Act il.nl lias affected many a settler, and wlu«h has escaped general knowledge, nevertheless, hay been brought to our 10U; j. In terms of ills Act, an agreement rn&ue between any of the property owners a., to construction and maintenance of dividing fences in fair proportions by. the sopara.tu parties to the agreement remains binding upon those parties, but should ownership of either of the properties change, the incoming landlord am not enforce tlip terms of the agreement against his neighbour. Frequently it happens that both parties to au agreement sell) their lands, and in such cases neither of the purchasers «m compel carrying out of agreements made its to dividing fences by the previous holders. Sometimes it happens that one party to the agreement has put up a very substantial fence on his portion of the dividing line whereas the neighbour's liti'lf of the lence, which ho has agreed to maintain, has been erected cheaply or carelessly and inferior .posts have been uaed. As long as lie remains in possession the ultimate and K'ea.ter eo&t of maintenance penalises only him, but when transfers of title have (been made the new owners become jointly liable lor the whoia length of the fence, and in equal proportions. Such'a condition of things is not just in law, and the need for an amendment in the .Fencing Act becomes obvious in the light of this explanation. How it may be given effect to in the best way is a matter for legislators' consideraltioß, but t.he drafting ol a satisfactory amending clause should be no great matter. For instance, a proviso could be made to compel the filing in the Lands Registry Office of ali agreements (in regard to j the construction and maintenance of dividing fences) that depart in any way from the obvious intent and wording of the Act. If this were done, and the amending Act specified that all such agR-ements must be held binding upon successive owners or occupiers until ■varied or waivedl by mutual agreement-. a great deal would be done to ensure fair 'conditions thot do not exist at present. Cases of hardship already have arisen in Horowhonua County through t.he lack of such a. safeguard against witting or unwitting unfairness 011 the part of sellers of land. life Levin branch of the New Zealand Farmers' Union might take the initiative in this matter, andi endeavour to hare a "reijiit" sent to the Dominion Conference of 1917 in advocacy of this change.