344.01 FENCE VIEWERS. Supervisors in their respective towns, city council members in their respective wards, commissioners of public works in cities having a commission form of government, and city trustees in statutory cities are fence viewers. History: (7248) RL s 2748; 1921 c 25 s 1; 1973 c 123 art 5 s 7; 1985 c […]
344.011 EXEMPTION. A home rule charter or statutory city council or town board may, by resolution, exempt adjoining owners or occupants from this chapter when their land considered together is less than 20 acres. History: 1982 c 616 s 1; 1985 c 265 art 6 s 1; 2016 c 102 s 1
344.02 KINDS OF PARTITION FENCES. Subdivision 1. Legal and sufficient fences. The following are legal and sufficient fences: (a) fences consisting of at least 32-inch woven wire and two barbed wires firmly fastened to well-set posts not more than one rod apart, the first barbed wire being above and not more than four inches from […]
344.03 EXPENSE; EQUAL SHARES. Subdivision 1. Adjoining owners. (a) Except as provided in paragraph (b), if two adjoining lands are both used in whole or in part to produce or maintain livestock for agricultural or commercial purposes and one or both of the owners of the land desires the land to be partly or totally […]
344.04 FAILURE TO BUILD OR REPAIR; RIGHTS OF COMPLAINANT. If a person fails to build, repair, or rebuild a partition fence which the person is required to build or maintain, the affected party may complain to the fence viewers. The fence viewers shall give notice to the parties and examine the fence or look into […]
344.05 REPAIR COSTS RECOVERABLE. If a complainant builds, repairs, or rebuilds a fence according to section 344.04 and the fence viewers consider it sufficient, they shall give the occupants reasonable notice and an opportunity to be heard, determine the cost of the fence or repair, and give to the complainant who built, repaired, or rebuilt […]
344.06 CONTROVERSY; DECISION BY FENCE VIEWERS. If a controversy arises concerning the rights in partition fences of the respective occupants or their obligation to maintain the fences, either party may apply to the fence viewers, who, after due notice to the parties, may assign to each a share in the fence and direct the time […]
344.07 FAILURE TO ERECT OR MAINTAIN. If a party fails to erect or maintain the part of a fence assigned under section 344.06, the aggrieved party may erect and maintain the fence, and be entitled to double the cost of the construction and maintenance as ascertained and recovered in section 344.05 in the case of […]
344.08 RECORDED DIVISION; BINDING ON HEIRS AND ASSIGNS. All divisions of fences which are made by fence viewers under this chapter, or which are made by owners of adjoining lands, in writing, witnessed by two witnesses, signed and acknowledged by the parties, and recorded with the county recorder, are valid against the parties to the […]
344.09 PARTY ERECTING MORE THAN SHARE. If there is a controversy between occupants of adjoining lands as to their respective rights in any partition fence and the fence viewers decide that either occupant has voluntarily erected or otherwise become the proprietor of more than that occupant’s just share of the fence before a complaint was […]
344.10 LANDS BOUNDED BY STREAM. If lands of different persons must be fenced and are bounded upon or divided by a stream or pond which, in the judgment of the fence viewers, is not in itself a sufficient fence, and if the viewers determine that it is impracticable, without unreasonable expense, for a partition fence […]
344.11 LANDS OCCUPIED IN COMMON. If one of the occupants of enclosed lands belonging to different persons in severalty, which have been occupied by them in common without a partition fence, desires that the part occupied by that person be occupied in severalty, and the other party fails to divide the land or to build […]
344.12 VIEWERS TO FIX TIME FOR BUILDING. If fence viewers have divided land and assigned fence responsibilities, they may set in writing a reasonable time for building the fence, having regard to the season of the year. If either party fails to build part of the fence within the time assigned, the other party may, […]
344.13 LANDS FIRST ENCLOSED. When unenclosed lands are afterwards enclosed, the owner or occupant of the lands shall pay one-half of the value of each partition fence extending upon the line between that person’s land and the enclosure of any other owner or occupant. If the parties do not agree, the value must be ascertained […]
344.14 VIEWERS WHEN FENCE ON TOWN LINE. If a partition fence is to be built on a line between towns, or partly in one town and partly in another, two supervisors, one from each town, shall be the fence viewers. History: (7261) RL s 2763; 1985 c 265 art 6 s 1
344.16 DIVISION OR RECORDED AGREEMENT RUNS WITH THE LAND. If the line upon which a partition fence is to be built between unimproved lands has been divided by the fence viewers or by the recorded agreement of the parties, the several landowners, and their heirs and assigns forever, shall erect and maintain fences in accordance […]
344.17 FAILURE OF VIEWER TO PERFORM DUTY; PENALTY. A fence viewer who unreasonably fails to perform a duty required by this chapter shall forfeit $5 to the town or city and be liable to the injured party for all resulting damages. History: (7264) RL s 2766; 1985 c 265 art 6 s 1
344.18 COMPENSATION OF VIEWERS. Fence viewers must be paid for their services by the person employing them. The town board may by resolution require the person employing the fence viewers to post a bond or other security acceptable to the board for the total estimated costs before the viewing takes place. The total estimated costs […]
344.19 VIEWERS IN COUNTIES NOT ORGANIZED INTO TOWNS. In counties not organized into towns, the county commissioners are fence viewers and are governed by this chapter, except that county commissioners shall not receive the per diem provided in section 344.18 but may be paid a per diem pursuant to section 375.055, subdivision 1, and their […]
344.20 CITY OR TOWN OPTION. (a) If eight or more landowners in a home rule charter or statutory city or town petition the governing body for a vote on a partition fence policy, the governing body may adopt its own policy and procedures for dealing with partition fences, including enforcement procedures. When a town board […]
