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. 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. 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 35-7-4 Ascertainment of amount to be paid upon failure of parties to agree. If the parties cannot agree, on application by either to the district court in the county in which such fence is, such court must issue an order in writing to three disinterested freeholders of such county, not related to either of […]
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. 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. 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 […]