34-112.03 – Division fence; changes made by Laws 2007, LB 108; applicability.
34-112.03. Division fence; changes made by Laws 2007, LB 108; applicability. The changes made to sections 34-102, 34-112, and 37-1012 by Laws 2007, LB 108, sections 34-112.01 and 34-112.02, and the repeal of sections 34-101, 34-103 to 34-111, and 34-113 by Laws 2007, LB 108, apply commencing on March 8, 2007, except that prior law […]
34-115 – Lawful fences, defined.
34-115. Lawful fences, defined. Lawful fences of different kinds used for fence to enclose lands shall be as hereinafter defined. (1) A rail fence shall consist of at least six rails, such rails to be secured by stakes at the end of each panel, well set in the ground, with a rider on the stakes. […]
34-116 – Lawful fences; height and spaces.
34-116. Lawful fences; height and spaces. The fences described in section 34-115 shall be at least four and one-half feet in height; and in the construction of such fences the spaces between the boards, rails, poles, and wires shall not exceed one foot each, measuring from the top. Source Laws 1867 (Ter.), § 2, p. […]
34-117 – Lawful fences; Warner’s Patent; requirements.
34-117. Lawful fences; Warner’s Patent; requirements. Fence known as Warner’s Patent shall be at least four and one-half feet in height, and consist of not less than five boards; such boards to be of a width of not less than five inches, and one inch thick. Source Laws 1867 (Ter.), § 3, p. 18; R.S.1913, […]
34-201 – Preservation during construction and other work.
34-201. Preservation during construction and other work. It shall be the duty of every individual or corporation engaged either directly or indirectly in the construction of any irrigation ditch, drainage ditch, railroad, side track or spur track, or any other construction, or in any other activity whatsoever, that endangers or may endanger or may cause […]
34-202 – Failure to protect; liability for damages.
34-202. Failure to protect; liability for damages. Any individual or corporation who shall fail to protect such landmarks or corners shall be responsible for all damage that may accrue to the party injured by reason of such loss or destruction. Source Laws 1929, c. 129, § 2, p. 479; C.S.1929, § 34-202; R.S.1943, § 34-202.
34-301 – Disputed corners and boundaries; court action to settle; procedure.
34-301. Disputed corners and boundaries; court action to settle; procedure. When one or more owners of land, the corners and boundaries of which are lost, destroyed, or in dispute, desire to have the same established, they may bring an action in the district court of the county where such lost, destroyed, or disputed corners or […]
34-101 – Legislative findings.
34-101. Legislative findings. The Legislature finds the duty of adjoining landowners for the construction and maintenance of division fences to be beneficial to the public interest and welfare. Such benefits are not confined to historical and traditional societal benefits that accrue from the proper constraint of livestock, but also include suppression of civil disputes and […]
34-102 – Division fence; adjoining landowners; construct and maintain just proportion of fence.
34-102. Division fence; adjoining landowners; construct and maintain just proportion of fence. (1) When there are two or more adjoining landowners, each of them shall construct and maintain a just proportion of the division fence between them. Just proportion means an equitable allocation of the portion of the fenceline to be physically constructed and maintained […]
34-103 – Maintenance; private nuisance.
34-103. Maintenance; private nuisance. Every person liable to contribute to the construction and maintenance of a division fence or any portion thereof shall maintain his or her portion in good repair, including the necessary removal or trimming of trees and woody growth within or encroaching upon the fenceline to repair or avoid damage to, or […]