Although it was once thought that an obligation to fence could not arise by custom1, it has more recently been held that a duty to fence against another's land can arise in this way2. Where there is an immemorial usage of fencing against a common as a matter of obligation, the duty to fence is proved provided such a duty could have a lawful origin; custom may be one such origin3.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234