354. Duty arising by prescription or implied grant.

A landowner1 may be bound by prescription to maintain a sufficient2 fence between his land and that of his neighbour3. In that case he is liable for all damage (for example, injuries sustained by straying animals) resulting from the defective state of the fence, subject only to the defence that the fence was damaged by act of God or vis major4. The servient owner is liable notwithstanding that he had no notice of the want of repair5. This right, which has been described as a 'spurious easement'6, is not within the terms of the Prescription Act 1832, 7and, therefore,