350. Extent of duty to fence.

(ii)     Extent of Duty to Fence

350.     Extent of duty to fence.

At common law, in the absence of a specific duty arising from agreement1, prescription or implied grant2, or custom3, there is no general obligation upon a landowner to fence his land either against or for the benefit of his neighbour4 or the public5. There is, however, a common law duty to erect or repair a fence where persons using the highway might otherwise be endangered6, and in certain circumstances where the absence of a fence would constitute a nuisance7, and there may also be liability at