§ 34-10-1. Lawful fences defined. The following fences shall be adjudged to be lawful fences: (1) A hedge with a ditch shall be three feet (3′) high upon the bank of the ditch, well staked, at the distance of two feet and a half (2½′), bound together at the top and sufficiently filled to prevent […]
§ 34-10-10. Partition fences between lands under improvement. Partition fences between lands under improvement shall be made and maintained in equal halves in length and quality, by the proprietors or possessors of those lands respectively. History of Section.G.L. 1896, ch. 126, § 3; G.L. 1909, ch. 152, § 7; G.L. 1923, ch. 182, § 7; […]
§ 34-10-11. Partition fences between improved and unimproved lands. In case any proprietor of land shall improve his or her land, the land adjoining being unimproved, and shall make the whole partition fence, the proprietor or possessor of the land adjoining and unimproved shall, upon improvement thereof, pay for one-half (½) of the partition fence, […]
§ 34-10-12. Payment for previously constructed fence. Whenever the whole or more than one-half (½) of any partition fence shall have been made by the proprietor or possessor of the land on one side of the fence, the proprietor or possessor of the land adjoining, when he or she improves the land, shall pay to […]
§ 34-10-13. Viewing and division of fence — Award of cost. The fence viewer, on an application, shall cite the parties in interest on the dividing line, at a convenient time, to view the fence; shall ascertain the value of the whole, and award the one-half (½) of the sum against the proprietor or possessor […]
§ 34-10-14. Holding and improving partition fences — Agreements between owners. In all cases where partition fences are erected as one-half (½) of the partition fence between proprietors or possessors of adjoining lands, or where the fence may be hereafter erected by the agreement of the parties in interest or other lawful manner, the proprietors […]
§ 34-10-15. Complaint of neglect to maintain fence. (a) Whenever any proprietor, possessor or owner of land shall neglect or refuse to repair, build, or rebuild any partition fence or shall withdraw his or her fence from any division line, the aggrieved party may complain to any fence viewer of the town, who, after ten […]
§ 34-10-16. Construction or repair of fence by complainant — Action for cost and penalties. If the order shall not be complied with the complainant may build, repair, or rebuild the fence in the manner set forth in the order, and when the fence shall be completed to the satisfaction of such fence viewer he […]
§ 34-10-17. Settlement of controversies by viewer. Whenever any controversy or dispute shall arise about the rights of the respective occupants or owners in division lines or partition fences and their obligations to maintain the same, either party may apply to a fence viewer of the town where the lands lie, who, after ten-days’ notice […]
§ 34-10-18. Viewer’s fees. Every fence viewer shall be allowed six dollars ($6.00) per day for viewing any fence on complaint made to him or her for that purpose, which fees shall be paid in the first instance by the person complaining to him or her; and in case there shall appear to be good […]
§ 34-10-19. Neglect of duty by viewer. If any fence viewer, to whom complaint shall be made against any person for a violation of any of the provisions imposed on him or her by this chapter, shall neglect or refuse to do the duty enjoined on him or her to do, the fence viewer so […]
§ 34-10-2. Consent of adjoining owner to barbed-wire fence. No fence shall be constructed wholly or in part of barbed wire, as a line fence between adjoining owners, without the consent in writing of the adjoining owners. History of Section.P.L. 1906, ch. 1364, § 1; G.L. 1909, ch. 152, § 2; G.L. 1923, ch. 182, […]
§ 34-10-20. Spite fences. A fence or other structure in the nature of a fence which unnecessarily exceeds six feet (6′) in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance, and any owner or occupant who is injured, […]
§ 34-10-3. Removal of barbed-wire fence. Any adjoining owner who shall not have given his or her consent as provided in § 34-10-2 may complain of the fence to any fence viewer of the town where the fence is located, and may advance to the fence viewer the reasonable expense necessary to remove and store […]
§ 34-10-4. Expense of removal of barbed-wire fence. The fence viewer or the adjoining owner who has advanced the necessary expense to remove and store the fence may recover all of the expense in an action of debt from the person or persons who caused or suffered the fence to be built. History of Section.P.L. […]
§ 34-10-5. Barbed-wire fences through woodland — Fences existing before 1906. The provisions of §§ 34-10-2 — 34-10-4 shall not apply to line fences running through woodland nor to barbed-wire fences constructed before April 20, 1906. History of Section.P.L. 1906, ch. 1364, § 4; G.L. 1909, ch. 152, § 5; G.L. 1923, ch. 182, § […]
§ 34-10-6. Maintenance of water fences. Coterminous owners or possessors of land adjoining water, whenever their land is under improvement, shall make and maintain a sufficient water fence to prevent trespass by cattle in the same manner as other partition fences are directed to be made by this chapter. History of Section.G.L. 1896, ch. 126, […]
§ 34-10-7. Marshland exempt. All tracts of marshland so situated and exposed to the flow and wash of the sea as to render it impracticable for the several owners thereof to keep up partition fences around the respective shares or lots, shall be exempted from the operation of this chapter. History of Section.G.L. 1896, ch. […]
§ 34-10-8. Remedies of marshland owner to trespass. If any person shall permit any cattle, sheep, horses or hogs, to him or her belonging, to run upon any tract of marshland, the owner of the marshland shall, for every trespass, have all the remedies provided in other cases by chapter 14 of title 4. History […]
§ 34-10-9. Placement of partition fences — Maintenance throughout year. All partition fences shall run on the dividing line, and the owners shall have the right to place one-half (½) of the width thereof on the land of each adjoining proprietor. The fences shall be kept up and maintained in good order through the year, […]
