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 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 […]
Section 474:1 – “Owner” Defined.
474:1 "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 474:2 – Meeting of Owners.
474:2 Meeting of Owners. – When several owners of land agree to improve the same in one common field, any justice, on application of 2 or more owners, may call a meeting of such owners, and the majority of them, when met, may determine in what manner the common field shall be fenced. Source. […]
Section 474:3 – Assignment of Share.
474:3 Assignment of Share. – The owners may assign to each owner the share of fence to be erected and maintained by him, and, such assignment being recorded in the town records, he and all succeeding occupants of his land shall be liable in relation thereto as if the same were a partition fence […]
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 […]