Section 473:19 – Decision Conclusive.
473:19 Decision Conclusive. – The decision of the fence-viewers, upon their being sworn that they have acted impartially, uprightly and to the best of their judgment, shall be final and conclusive upon the parties. Source. RS 136:16. CS 142:16. GS 128:17. GL 142:17. PS 143:19. PL 219:19. RL 269:19.
Section 473:20 – Jurisdiction.
473:20 Jurisdiction. – If the fence in controversy is situate on the line of 2 towns, the application shall be made to the fence-viewers of the town in which the parties reside; if they reside in different towns, it shall be made to the fence-viewers of that town in which the applicant does not […]
Section 473:7 – Waters, When Not Sufficient Fence.
473:7 Waters, When Not Sufficient Fence. – The fence-viewers, upon application of either party, shall view any brook, river, pond, creek or ditch alleged not to be equivalent to a legal and sufficient fence, and, if they judge it to be not so equivalent, shall make a division of the fence, and, if it […]
Section 473:8 – Default in Building or Repair.
473:8 Default in Building or Repair. – If either party, notified as provided in RSA 473:6 or 473:7, shall not build or repair his part of such fence within the time limited, the other party may build it. Source. 1881, 35:1. PS 143:9. PL 219:8. RL 269:8.
Section 473:9 – Appraisal of Fence Constructed or Repaired.
473:9 Appraisal of Fence Constructed or Repaired. – The fence-viewers, upon application, shall view any fence built or repaired as provided in RSA 473:8, and if they judge the same and the residue of the fence between the same owners upon the same tract of land to be sufficient, they shall appraise the fence […]
Section 473:10 – Recovery.
473:10 Recovery. – The person so building or repairing may demand and recover double the appraised value thereof of the delinquent party, with costs of suit, in an action of assumpsit. Source. RS 136:8. CS 142:8. GS 128:9. GL 142:9. PS 143:11. PL 219:10. RL 269:10.
Section 473:1 – Duty.
473:1 Duty. – The owners of adjoining lands under improvement shall build and repair the partition fence between them in equal shares. Source. RS 136:1. CS 142:1. GS 128:1. GL 142:1. PS 143:1. PL 219:1. RL 269:1.
Section 473:2 – Division by Agreement.
473:2 Division by Agreement. – Any division of such fence, made by the parties in writing and recorded in the town records, shall be binding upon the parties and all succeeding owners and occupants of the land. Source. RS 136:2. CS 142:2. GS 128:2. GL 142:2. PS 143:2. PL 219:2. RL 269:2.
Section 473:3 – Proof of Division.
473:3 Proof of Division. – Such division may be established by usage and acquiescence of the parties, and those under whom they claim, for 20 years. Source. 1862, 2614. GS 128:3. GL 142:3. PS 143:3. PL 219:3. RL 269:3.
Section 473:4 – Division by Fence-Viewers.
473:4 Division by Fence-Viewers. – If the parties do not agree upon a division, or a division has not been established by usage and acquiescence, the fence-viewers, upon application, shall make division, which, being recorded in the town records, shall be of the same force as a division made by the parties; and a […]