Section 359A.11 – Record conclusive.
359A.11 Record conclusive. The record in the recorder’s office, unless modified, by appeal as hereinafter provided, shall be conclusive evidence of the matters therein stated, and such record or a certified copy thereof shall be competent evidence in all courts. [C97, §2360; C24, 27, 31, 35, 39, §1839; C46, 50, 54, 58, 62, 66, 71, […]
Section 359A.12 – Division by agreement — record.
359A.12 Division by agreement — record. The several owners may, in writing, agree upon the portion of partition fences between their lands which shall be erected and maintained by each, which writing shall describe the lands and the parts of the fences so assigned, be signed and acknowledged by them, and filed and recorded in […]
Section 359A.13 – Orders and agreements — effect.
359A.13 Orders and agreements — effect. Any order made by the fence viewers, or any agreement in writing between adjoining landowners, when recorded in the office of the recorder of deeds, as in this chapter provided, shall bind the makers, their heirs, and subsequent grantees. [C51, §905; R60, §1536; C73, §1499; C97, §2362; C24, 27, […]
Section 359A.14 – Lands in different townships.
359A.14 Lands in different townships. When the adjoining lands are situated in different townships in the same or different counties, the clerk of the township of the owner making the application shall select two trustees of the clerk’s township as fence viewers, and the clerk of the other township one from that clerk’s township, who […]
Section 359A.15 – Fence on another’s land.
359A.15 Fence on another’s land. When a person has made a fence or other improvement on an enclosure, which is found to be on land of another, such person may enter upon the land of the other and remove the fence or other improvement and material, upon the first paying, or offering to pay, the […]
Section 359A.16 – Right to build fence on line.
359A.16 Right to build fence on line. A person building a fence may lay the same upon the line between the person and the adjacent owners, so that it may be partly on one side and partly on the other, and the owner shall have the same right to remove it as if it were […]
Section 359A.17 – Fence on one side of line.
359A.17 Fence on one side of line. The provisions concerning partition fences shall apply to a fence standing wholly upon one side of the division line. [C51, §911; R60, §1542; C73, §1505; C97, §2366; C24, 27, 31, 35, 39, §1845; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.17] C93, §359A.17
Section 359A.18 – Lawful fence.
359A.18 Lawful fence. A lawful fence shall consist of: 1. Three rails of good substantial material fastened in or to good substantial posts not more than ten feet apart. 2. Three boards not less than six inches wide and three-quarters of an inch thick, fastened in or to good substantial posts not more than eight […]
Section 359A.19 – Duty to maintain tight fences.
359A.19 Duty to maintain tight fences. All partition fences may be made tight by the party desiring it, and when that party’s portion is so completed, and securely fastened to good substantial posts, set firmly in the ground, not more than twenty feet apart, the adjoining property owner shall construct the adjoining owner’s portion of […]
Section 359A.4 – Hearing — decision — order — deposit.
359A.4 Hearing — decision — order — deposit. 1. At the time and place described in section 359A.3, the fence viewers shall meet to hear and decide any and all matters that are part of the controversy. The fence viewers shall issue a written order that specifies the obligations, rights, and duties of the respective […]