A person whose fence is in such a state, whether by reason of its mode of construction or its disrepair, as to constitute a danger to occupiers of adjoining land or persons lawfully using the highway, is liable for any damage which may thereby result to such persons1. The adjoining owner may recover damages even if he has abated the nuisance by taking down the dangerous wall or fence with the consent of its owner2.
Where a landlord has undertaken an obligation in a lease to a tenant for the maintenance or repair of a fence, or has reserved a
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