Part VIII

Buildings, etc.

Private open spaces.
95
1
It shall be the duty of the owner of every open space which is—
a
in a populous place; and
b
set apart for use by the owners or occupiers of two or more separate properties,
to maintain the open space and any boundary walls or fences so as to prevent danger or nuisance to the public.
2
A local authoritymay by notice in writing require the owner of an open space referred to in subsection (1) above to comply with that subsection within such reasonable time as may be specified in the notice.
3
An owner of an open space referred to in subsection (1) above shall be entitled to recover from each person entitled to use the open space an equal proportion of—
a
the expense incurred by the owner in complying with that subsection; and
b
any amount paid by the owner to the local authorityunder section 99(4) of this Act.
Words in s. 95(2)(3)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(13); S.I. 1996/323, art. 4(1)(c)
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V