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Home » US Law » 2022 Code of Alabama » Title 35 - Property. » Chapter 7 - Partition Fences.

Section 35-7-1 – Defined.

Section 35-7-1 Defined. Partition fences within the meaning of this chapter are fences erected on the line between lands owned by different persons. (Code 1852, §1109; Code 1867, §1292; Code 1876, §1597; Code 1886, §1375; Code 1896, §2123; Code 1907, §4244; Code 1923, §7974; Code 1940, T. 47, §251.)

Section 35-7-2 – Joint Owners Authorized to Make Repairs.

Section 35-7-2 Joint owners authorized to make repairs. Where a partition fence has been, or may hereafter be established by agreement of adjacent owners of land, each to keep up a particular part of such fence, if either fails to keep such part assigned to him in good repair, it shall be lawful for the […]

Section 35-7-3 – Expenses to Be Borne Proportionately by Adjoining Owners.

Section 35-7-3 Expenses to be borne proportionately by adjoining owners. Partition fences between improved lands are to be erected and repaired at the joint expense of the occupants; or if any person makes a fence a partition fence by joining to or using it as such, he must pay to the person erecting it his […]

Section 35-7-5 – Fees.

Section 35-7-5 Fees. The district court is entitled to $.50 for issuing the order, and the fence-viewers to $1.00 each; one half of which is to be paid by each party; and not being paid in 10 days after the report, execution must issue therefor, with costs for issuing such execution. (Code 1852, §1107; Code […]

Section 35-7-6 – Oath of Viewers.

Section 35-7-6 Oath of viewers. The fence-viewers, before proceeding to act, must take an oath, which may be administered by one to the other, to discharge their duties fairly and impartially. (Code 1852, §1108; Code 1867, §1291; Code 1876, §1595; Code 1886, §1373; Code 1896, §2121; Code 1907, §4250; Code 1923, §7980; Code 1940, T. […]

Section 35-7-7 – Action to Recover Costs and Expenses.

Section 35-7-7 Action to recover costs and expenses. If one joint owner or tenant in common of a partition fence, after 10 days’ notice from other joint owners or tenants in common of such partition fence to assist or join with them in the erection of a partition fence, shall fail or refuse to assist […]