(1) Unless otherwise
agreed, each owner of land from which part of a building or incidental
structure encroaches into, onto, or over, other land, is responsible for the
costs of maintenance and repair of the encroaching part.
(2) Unless otherwise
agreed, if a party wall or a boundary retaining wall that is wholly or partly
on the boundary of land needs maintenance or repair each owner of land on
either side of the wall is liable to join in or contribute in equal
proportions to the maintenance and repair of the wall.
(3) This section does
not affect the operation of the Dividing Fences Act 1961 Part III.