s 89
In forceObligation to maintain, repair encroachments, party walls, shared boundary retaining walls
Part 6Work affecting other land
Division 4Other boundary matters
89 Obligation to maintain, repair encroachments, party walls, shared boundary retaining walls
(1)
Unless otherwise agreed, each owner of land from which part of a building or incidental structure encroaches into, onto, or over, other land, is responsible for the costs of maintenance and repair of the encroaching part.
(2)
Unless otherwise agreed, if a party wall or a boundary retaining wall that is wholly or partly on the boundary of land needs maintenance or repair each owner of land on either side of the wall is liable to join in or contribute in equal proportions to the maintenance and repair of the wall.
(3)
This section does not affect the operation of the Dividing Fences Act 1961 Part III.
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