Boundaries Act 1721
BOUNDARIES ACT 1721 | ||
CHAP. V. | ||
An Act to oblige proprietors and tenants of neighbouring lands to make fences between their several lands and holdings. | ||
5 G. 2. 9. | ||
Proprietor or tenant of lands desiring to make fences between his and those adjoining, where no dispute about mears for 3 years, proprietor or tenant thereof shall be at equal expence. | ||
Ditches six feet wide, and five deep, | ||
with quicksets, or furze. | ||
or a dry stone, or mud-wall. not under five feet high, two and a half at bottom, one and at half at top, | ||
or trenches, the banks planted with aquaticks. | ||
On refusal, compellable by bill or commission of perambulation to ascertain the bounds, | ||
expence of making and preserving fences, equal; | ||
Proprietor refusing one whole year shall pay half of what is reasonably and bona fide expended, | ||
with interest, | ||
by debt; or if under 10 l. by civil bill, | ||
treble costs, | ||
WHEREAS it is found by experience, that many trespasses happen, and frequent disputes arise, between proprietors of lands about mears and bounds of lands; which is in a great measure occasioned by the proprietors and tenants neglecting to make fences between their several lands and holdings, which heretofore could not be done at equal expence, without the mutual content and concurrence of the respective proprietors or tenants of such contiguous lands: be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That from and after the first day of February in the year of our Lord one thousand seven hundred and twenty one, if any proprietor, occupier, or tenant of any lands in this kingdom, shall be desirous to make ditches or fences between his, her, or their lands and holdings and the lands next contiguous and immediately adjoyning thereto, where no dispute then shall be, or shall have been, for three years then last past about the mears between the said lands or holdings so intended to be fenced, and where no sufficient fences, or only dead and dry fenceless ditches, then shall be, that the proprietor or proprietors, occupier or occupiers, or tenant or tenants of such neighbouring lands, on reasonable request to him, her, or them made, shall be, and is hereby obliged to be at equal expence in making between such several lands and holdings good and sufficient ditches of six foot wide and five foot deep at least, where the same is practicable, well and sufficiently quicked in good husbandlike manner with white thorn, crab, or other quicksets, where the same will grow, and, in ground where such quicksets will not grow, with furz, and where furz will not grow, or where ditches cannot be made of the said depth and wideness, instead of a ditch with a dry stone wall, where stone can be conveniently had, and, where stone cannot conveniently be had, with a clay or mud wall not under five foot high and two foot and a half thick at the bottom, and one foot and a half thick at the top, and in wet low ground with sufficient trenches or drains, the banks thereof to be planted with sallows, alder, or other aquatick trees, where such aquaticks will grow; and if any proprietor, occupier, or tenant of any neighbouring lands, shall refuse to settle and ascertain the mears and bounds between his, her, or their lands and holdings and the lands and holdings of such person or persons requiring the same, in order to have fences made as aforesaid, then and in that case such proprietor, occupier, or tenant of such lands so refusing, shall be compellable by bill in equity, or commission of perambulation, to six, adjust, settle, and ascertain the mears and bounds between his or her lands and holdings and the lands and holdings of the person or persons requiring such fence to be made; and such neighbouring proprietors, occupiers, or tenants, shall join and be at equal expence in making and preserving, scouring and repairing such ditches, trenches, drains, or fences as aforesaid, with such proprietor, occupier, or tenant of the neighbouring lands requiring the same; and if such neighbouring proprietor, occupier, or tenant refuse, or for the space of one whole year neglect, so to do, then and in such case it shall and may be lawful for the proprietor, occupier, or tenant of such neighbouring lands requiring the same, to make the said ditches, wall, trench, drain, or other fence as aforesaid, and the tenant or tenants, occupier, or occupiers of such neighbouring lands, who shall refuse or neglect to make such ditches, drains, or fences as aforesaid, shall be answerable for, and shall pay to, the person or persons, who shall make or cause the same to be made, one full moiety of what he, she, or they shall reasonably, bona fide, and without fraud or malice, lay out in making such ditches, walls, drains, trenches, or fences, and in planting such quicksets, and weeding them, and securing the same as aforesaid, together with legal interest for such moiety of such sum so laid out as aforesaid; to be recovered by action of debt in any of his Majesty’s courts of record in Ireland; or, if the sum expended be under ten pounds, then by civil, bill before the justices of assize and general goal delivery for the county or liberty, where such fences shall be made as aforesaid, and in the county of Dublin before the justices of the peace at their general quarter sessions of the pence to be held in and for the said county, with treble costs. |