PART IVMaintenance of Highways

Maintenance of privately maintainable highways

51No liability to maintain by reason of enclosure if highway fenced with consent of highway authority

(1)If a person across whose land there is a highway maintainable at the public expense erects a fence between the highway and the adjoining land, and the fence is erected with the consent of the highway authority for the highway, he does not thereby become liable to maintain the highway by reason of enclosure.

(2)Nothing in subsection (1) above is to be construed as imposing on any person a liability to maintain a highway by reason of enclosure.