355. Duty arising by custom.

355.     Duty arising by custom.

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.