South Eastern Water Conservation and Drainage Act 1992

The relevant authority—

may cause any of its water management works or any drainage reserve under its care, control and management to be fenced to such extent and in such manner as is reasonably adequate for the purposes of protecting the works or reserve from damage; and

may cause any such fence to be repaired, maintained or replaced as is reasonably necessary.

Subject to the terms of any agreement reached with the authority—

the landholder, or landholders, of land adjoining any such fence is, or are jointly, liable to the relevant authority for half the cost of the fencing work in question; and

where there is more than one adjoining landholder, each is liable to the authority for that proportion of the share to be borne by all adjoining landholders that the length of the landholder's common boundary (with the water management works or drainage reserve) bears to the overall length of the fence.

The relevant authority may, no later than three months after completion of the fencing work, by notice in writing addressed to a landholder who is liable to pay a contribution pursuant to this section, require payment of the relevant amount and specify the manner in which it is to be paid and the time within which it, or any instalment, is to be paid.

If default is made in payment of an instalment, the whole balance outstanding under the notice falls due and payable.

An amount due and payable under a notice under this section—

is recoverable by the relevant authority as a debt; and

is a charge over the land in question ranking in priority before all other charges and mortgages (other than a charge or mortgage in favour of the Crown or a Crown instrumentality).

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