322. Obligation to repair fences.

Tenants for years are liable for permissive waste, but not tenants at will or tenants from year to year1. Notwithstanding this distinction, however, it is the duty of the actual occupier of land to repair the fences; and for this purpose he may take sufficient wood from the land demised2. Without any agreement to that effect, the landlord may bring a claim against his tenant for not repairing, on the ground of the injury done to the reversion3. Moreover, if injury is caused to a third person through non-repair of the fences, the remedy is against the occupier and