Persons owning adjoining land or lots, or being lessees thereof for more than two (2) years, shall be bound to contribute equally to the erection of fences on the line dividing the land or lots, if the land or lots on their respective sides be used by the owner or lessee thereof for purposes of […]
In case any party fence has been already built, and the adjoining land be used by the owner thereof for any of the purposes set forth in Section 89-17-1, the party who built the same shall in like manner be entitled to compensation, to the extent that ought to be contributed by the owner of […]
Each proprietor of land or lots separated by a party fence, shall be bound to contribute his due proportion of labor and materials for keeping the fence in good repair, so far as to make it a lawful fence; and contributions for that purpose may be enforced as above provided.
A party fence will be owned jointly by the respective proprietors, either of whom may require the other to contribute to repairing it, but it shall not be taken away, razed, removed, or left down by either party without the consent of the other; and if either party violate this provision, he shall be liable […]
When, from natural obstacles, it shall be impracticable to erect the entire fence on the dividing line, and it be necessary to make a departure on either side, such departure may be made, but the fence shall, notwithstanding, be a party fence.
In case a joint-owner of a party fence shall desire to have a lane on his land, between his own and the adjoining land, he shall be at liberty to remove his part of the fence, on giving six (6) months’ notice to the other joint-owner, and not otherwise; but any proprietor who may remove […]
In case of the sale of the premises to another person, the purchaser shall have the same right and incur the same liabilities as the original owner, in regard to the party fence. A lessee for a longer time than two (2) years shall stand in the attitude of a purchaser during his term; but […]
The person who built the party fence may remove it at pleasure, if the owner of the adjoining land will not pay his proportion thereof; and although the proprietor of any land may desire to retain any fence built by him on a line which divides his land from that of another person, as a […]
If any person, being requested to do so, will not contribute his proper share of the work and furnish the requisite materials suitable for a party fence, or pay the value of his share, the person desiring to build the fence may erect or construct the whole of it, of a proper and suitable kind, […]
The opposite party shall have five (5) days’ notice of the time of the meeting of the freeholders, which may be served as a summons is required to be, and each party may introduce evidence of the value of the fence; and the freeholders, or a majority of them, may assess the amount to be […]
The party may maintain an action for the amount assessed by the freeholders; and the order of the justice appointing the freeholders, and the certificate of the freeholders, and proof of notice to the opposite party of the time of the meeting, shall be prima facie evidence to support the action. The amount recovered shall […]
The freeholders each shall receive One Dollar and Fifty Cents ($1.50) per day whilst discharging their duty, to be paid by the party at whose instance they were appointed, who may recover the amount as costs, and the justice shall be entitled to fees as in other cases.
