Section 473:15 – Liability for Damages.
473:15 Liability for Damages. – The party neglecting to build or keep in repair any partition fence which he is bound to maintain is liable for damages arising from such neglect, and shall have no remedy for damages happening to himself therefrom. Source. RS 136:12. CS 142:12. GS 128:13. GL 142:13. PS 143:15. PL […]
Section 473:16 – Who Deemed Owner.
473:16 Who Deemed Owner. – The actual occupant of land shall be deemed the owner thereof for any of the purposes of this chapter. Source. RS 136:18. CS 142:18. GS 128:19. GL 142:19. PS 143:16. PL 219:16. RL 269:16.
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 […]
Section 473:5 – Legal Fences.
473:5 Legal Fences. – All fences of such height as to be reasonably adequate for their purpose and in good repair, consisting of rails, timber, boards or stone wall, barbed, electrified or woven wire, and all brooks, rivers, ponds, creeks, ditches, hedges and other things deemed by the fence-viewers to be equivalent thereto, shall […]
Section 473:6 – Proceedings for Insufficiency.
473:6 Proceedings for Insufficiency. – The fence-viewers, upon application of either party, shall view any fence alleged to be insufficient, and, if they judge it to be so, shall give notice to the delinquent party to build or repair the same within a time by them limited. Source. RS 136:5. CS 142:5. GS 128:6. […]
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.