ARRANGEMENT OF SECTIONS
1. Short title and application
3. Cost of dividing fence to be shared
4. Notice to any person required to contribute towards construction of fence
5. Procedure if no agreement
6. Proceedings in the case of absent owners
7. Construction of dividing fence on failure to carry out agreement or award
8. Tenant to pay additional rent or premium
9. Augmentation of purchase price of farm purchased by tenant in certain case
10. Liability for repairs
11. Act to apply mutatis mutandis to repairs
12. Bush may be cleared for fencing
13. Positioning of fences
14. Damages against person neglecting to clear inflammable matter near dividing fence
15. Entry upon adjoining land where necessary
16. Penalty for wilful damage to fence, gate or grid
17. Accidental injury to fence, gate or grid
Schedule - Minimum Standard Fence
Law 6, 1961,
G.M. 62, 1962, 1964,
HMC Order 1, 1963,
L.N. 84, 1966.
An Act to make further and better provision for the construction of fences dividing farms, for the apportionment of the cost thereof and for matters incidental thereto.
[Date of Commencement: 22nd August, 1962]
(1) This Act may be cited as the Fencing Act.
(2) This Act shall apply to such areas of Botswana as the President may, by order published in the Gazette, appoint with effect from the date specified in such order.
In this Act, unless the context otherwise requires-
"arbitration" means arbitration in accordance with the provisions of the Arbitration Act;
"dividing fence" means a fence separating the farms of different owners together with any necessary gates and grids therein;
"farm" means any piece of land registered as a farm in the Deeds Registry, or any subdivision thereof of not less than 25 morgen in extent, but does not include any part of the Barolong Farms as defined in Schedule B to the Botswana Boundaries Act;
"owner", in relation to-
(a) a farm owned in undivided shares, means the co-owners of that farm in proportion to their shares;
(b) a farm lawfully occupied by a person in accordance with the provisions of an agreement which entitles that person to obtain ownership thereof on the fulfilment by him of certain conditions, means that person and no other person; and
(c) a farm subject to an usufruct or fideicommissum, means the usufructory or fiduciary.
The owners of adjoining farms not divided by a sufficient fence or by some other feature, whether of natural origin or otherwise, which is capable of preventing the trespass of animals liable to be impounded, shall be liable to join in or contribute in equal proportions to the construction between those farms of a dividing fence of such type and in such position as may be determined in accordance with the provisions of this Act.
Any owner desiring the owner of an adjoining farm to join in or contribute to the construction of a dividing fence under the provisions of section 3 may serve on
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