Section 476:1 – Fence as Private Nuisance.
476:1 Fence as Private Nuisance. – Any fence or other structure in the nature of a fence, unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance. Source. 1887, 91:1. PS 143:28. PL 219:32. RL 269:32.
Section 476:2 – Remedy.
476:2 Remedy. – Any owner or occupant injured either in his comfort or the enjoyment of his estate by such nuisance may have an action on the case for the damage sustained thereby. Source. 1887, 91:2. PS 143:29. PL 219:33. RL 269:33.
Section 476:3 – Penalty.
476:3 Penalty. – If the plaintiff recovers judgment in the action, the defendant shall cause the removal of the nuisance within 30 days from the date of the judgment, and for each day he shall permit the nuisance to remain after the expiration of said 30 days, he shall incur a penalty of $10 […]
Section 474:4 – Taxation.
474:4 Taxation. – Such owners may adopt bylaws for building and maintaining their common fence by a tax, and their officers, chosen in conformity to such bylaws, may assess and collect such taxes. Source. RS 136:22. CS 142:22. GS 128:23. GL 142:23. PS 143:25. PL 219:25. RL 269:25.
Section 474:5 – Renewing Bounds.
474:5 Renewing Bounds. – Owners of adjoining improved lands where there is no partition fence shall, once in every 5 years, run the lines and renew the bounds between them, and any such owner neglecting without sufficient excuse to attend and renew the bounds, upon 6 days’ previous notice given by any other such […]
Section 475:1 – “Owner” Defined.
475:1 "Owner" Defined. – The actual occupant of land shall be deemed the owner thereof for any purposes of this chapter. Source. RS 136:18. CS 142:18. GS 128:19. GL 142:19. PS 142:16. PL 219:16. RL 269:16.
Section 475:2 – Notice.
475:2 Notice. – The mayor and aldermen of any city or the selectmen of any town may require the owner or user of any canal or waterway within such city or town deemed by them to be dangerous to travelers upon any highway, or to children of tender age, to fence the same. Source. […]
Section 475:3 – Neglect.
475:3 Neglect. – If the owner or user does not fence the same within 60 days after receiving notice in writing of such requirement, the mayor and aldermen or selectmen shall cause the same to be fenced, and may collect the expense of so doing from the owner or user in an action of […]
Section 473:21 – Penalty.
473:21 Penalty. – Any fence-viewer neglecting without sufficient cause to attend and perform any official duty shall be guilty of a violation. Source. RS 136:19. CS 142:19. GS 128:20. GL 142:20. PS 143:21. PL 219:21. RL 269:21. RSA 473:21. 1973, 531:133, eff. Oct. 31, 1973.
Section 473:22 – Compensation; Costs.
473:22 Compensation; Costs. – The fence-viewers shall be paid $2 a day each for services by the party making the application, who may recover 1/2 thereof from the other party, unless the fence-viewers otherwise apportion the costs, but, in case of neglect by such other party to make or repair the part of the […]