Oral judgment — property dispute — fence — Fencing Act 1978. The plaintiff and the defendant are neighbours. The plaintiff's parents occupy property 1. They constructed a dwelling on the plaintiff's land together with a boundary fence. It is common ground that the concrete and block fence encroaches onto the defendant's property at the road end by 22 centimetres for a distance of approximately 40 metres. The issue the court had to determine were: (a) Did the defendant consent to the construction of a fence which encroached onto his property? If so, was the fence constructed in accordance with that agreement? (b) If the answer to either of those questions is no, then is the encroachment minimal and does it unreasonably interfere with the defendant’s use and occupation of his land? If the answer to this question is yes, then the provisions of s 8(2) of the Act apply and the Court must order the removal of that part of the driveway fence which encroaches onto the defendant’s land. The court found that yes, on the balance of probabilities there was the existence of an agreement for the construction of the fence and the plaintiff is entitled to a declaration that the encroachment does not breach the provision of the Fencing Act 1978, in that it does not encroach on the defendants land without his consent.