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s 7

Sharing of costs of maintenance and repair

In force

7 Sharing of costs of maintenance and repair

(1)

The costs of maintenance and repair in respect of an easement that gives a right of vehicular or personal access or an easement for services to which this Schedule applies are to be borne by the persons concerned—

(a)

in the proportions specified in the instrument by which the right or easement was created or, if the proportions so specified have been varied, those proportions as varied, or

(b)

where no such proportions are so specified in equal proportions.

(2)

If a person incurs costs referred to in subclause (1), the person may demand in writing from another person the amount that the other person is liable to contribute under that subclause to those costs.

(3)

A demand made under subclause (2) must be accompanied by receipts or invoices or copies of receipts or invoices that evidence the expenditure to which the demand relates.

(4)

If a person fails to comply with any such demand within 7 days after it has been made, the amount demanded may be recovered in a court of competent jurisdiction as a debt due to the person making the demand.

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