26Damages for trespass

1. Except as otherwise provided in this Act, the occupier of land trespassed upon by stock shall not be entitled to demand or recover any damages whatsoever on account of the trespass thereon of any stock unless—

2. the land or the portion of the land trespassed upon is fenced; or
3. he proves that the trespass on to his land was not wholly or partly due to the fact that his land or the portion trespassed upon was not fenced; or
4. in any case where stock trespassing on any land adjoining his land and not fenced therefrom has trespassed on to his land from that adjoining land, he proves that the trespass on to the adjoining land was not wholly or partly due to the fact that that adjoining land was not fenced; or
5. the land (whether fenced or unfenced) is situated in a city or a part of a district that was formerly a city or borough:

6. In any case where damages are payable under this section the amount of any damage shall be recoverable by action from the owner of the stock.

7. Where stock has been impounded for trespass and the occupier of the land trespassed upon notifies the poundkeeper that he intends to claim actual damages instead of trespass rates pursuant to section 27, the poundkeeper shall, on payment of all other authorised fees and charges, release the stock to the owner.