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 35-104 – CARE OF FENCES BY ADJOINING OWNERS.
35-104. CARE OF FENCES BY ADJOINING OWNERS. Each adjoining land owner, unless both otherwise agree, or unless other arrangements have heretofore been made, must construct and keep in repair that half of the line fence between their respective tracts of land that is to his left when he is standing on his own land facing […]
Section 35-105 – USE OF DIVISION FENCE IN MAKING INCLOSURE.
35-105. USE OF DIVISION FENCE IN MAKING INCLOSURE. When one (1) of such adjoining proprietors has allowed his land to lie uninclosed, and afterward incloses it, he owes and is indebted to such adjoining owner one-half (1/2) the value of any division fence owned by the other, used by him in forming such inclosure; and […]
Section 35-106 – DISAGREEMENT BETWEEN OWNERS — VIEWERS.
35-106. DISAGREEMENT BETWEEN OWNERS — VIEWERS. If adjoining proprietors cannot agree as to the proportion or the particular part of a division fence to be made, maintained or kept in repair by each respectively, either party may apply, on five (5) days’ notice, to a magistrate judge, for the appointment of three (3) viewers, who […]
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 […]
Section 35-110 – SURVEY OF LINE.
35-110. SURVEY OF LINE. The person building such fence, or the occupant or owner of the land whereon the same is built, may, upon notice to the other party, whenever doubts arise about the location of such fence, procure the services of a professional land surveyor to establish the boundary line between their respective lands, […]
Section 35-101 – LAWFUL FENCES IN GENERAL.
35-101. LAWFUL FENCES IN GENERAL. A lawful fence, except as hereinafter provided, must be not less than four and one-half (4 1/2) feet high, and the bottom board, rail, pole or wire must not be more than twenty (20") inches above the ground, and the space between the top and bottom board, rail, pole or […]