Section 35-111 – REMOVAL OF PARTITION FENCE.
35-111. REMOVAL OF PARTITION FENCE. In all cases where the inclosures of two (2) or more persons are divided by a partition fence of any kind, and either of the parties thinks proper to vacate his part of such inclosure, or to make a lane of passage between such adjoining inclosures, such person is at […]
Section 35-112 – ESTABLISHMENT OF GATES.
35-112. ESTABLISHMENT OF GATES. In all cases where a partition fence exists between parties, and a gate is established for passage through their lands, any other person may pass through such gate free, doing no unnecessary damage, and if any such person leave any such gate open, or does other damage to the premises, he […]
Section 35-301 – CARELESS EXPOSURE OF BARBED WIRE UNLAWFUL.
35-301. CARELESS EXPOSURE OF BARBED WIRE UNLAWFUL. It shall be unlawful for any person, firm or corporation, who, having barbed wire or barbed wire fences, to allow the same to be left down or strewn around on the ground in such a manner that livestock are liable to be injured thereby: provided, however, that no […]
Section 35-302 – NOTICE TO OWNER.
35-302. NOTICE TO OWNER. It shall be the duty of any person, sheriff, deputy sheriff, constable or policeman having knowledge by written notice or otherwise that any said barbed wire or barbed wire fence is so down or strewn on the ground to give notice either verbally or otherwise to such person, firm or corporation […]
Section 35-303 – OWNER’S LIABILITY AFTER NOTICE.
35-303. OWNER’S LIABILITY AFTER NOTICE. Any person, firm or corporation who, after knowing by his own knowledge or by receiving such notice as provided in section 35-302, shall fail to remove same within ten (10) days after such notice, shall be subject to the fines contained herein. History: [(35-303) 1915, ch. 123, sec. 3, p. […]
Section 35-304 – PROCEDURE IN CASE OF UNKNOWN OWNER.
35-304. PROCEDURE IN CASE OF UNKNOWN OWNER. It shall be the duty of any sheriff, deputy sheriff or constable, who by personal knowledge or who otherwise knows of any barbed wire or barbed wire fence being so strewn or down as provided in section 35-301, Idaho Code, on any ranch or knows of any fence […]
Section 35-305 – PENALTY.
35-305. PENALTY. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not less than five dollars ($5.00) or more than twenty-five dollars ($25.00), in the discretion of the court. History: [(35-305) 1915, ch. 123, […]
Section 35-107 – PROHIBITION AGAINST REMOVAL.
35-107. PROHIBITION AGAINST REMOVAL. When one (1) party ceases to improve his land, or open his inclosure, he must not take away any part of the partition fence belonging to him and adjoining the next inclosure, if the owner or occupant of such adjoining inclosure will, within two (2) months, after the same is ascertained, […]
Section 35-108 – REMOVAL OF FENCE BUILT BY MISTAKE.
35-108. REMOVAL OF FENCE BUILT BY MISTAKE. When any person has built, by mistake and in good faith, a fence on the land of another, such person or his successor in interest may, within one (1) year from the time of discovering such mistake, go upon the land of such other person and remove such […]
Section 35-109 – RESTRICTIONS ON OCCUPANT’S RIGHT TO REMOVE FENCE.
35-109. RESTRICTIONS ON OCCUPANT’S RIGHT TO REMOVE FENCE. The occupant or owner of land whereon a fence has been built by mistake must not throw down or in any manner disturb such fence during the period that the person who built it is authorized by section 35-108, Idaho Code, to remove it, when by so […]