Sec. 47-43. Proprietors to maintain.
Sec. 47-43. Proprietors to maintain. The proprietors of lands shall make and
maintain sufficient fences to secure their particular fields. Within cities and adjacent to
house lots, a tight board fence four and one-half feet high, an open picket fence four
feet high, the opening between pickets not to exceed four inches, or a slat rail fence four
feet high, the opening between slats not to exceed six inches, the lower slat not over six
inches from the ground, a fence not less than four feet high of chain link galvanized
wire not smaller than number nine gauge supported upon galvanized tubular steel posts
set in concrete, all end and corner posts to be suitably braced, and all to be substantially
erected, or any other fence which in the judgment of the selectmen or other officials
charged with the duty of fence viewers is equal thereto, shall be a sufficient fence; in
places outside of incorporated cities, a rail fence four and one-half feet high, a stone
wall four feet high, suitably erected, a wire fence consisting of four strands not more
than twelve inches apart, stretched tightly, the lower strand not more than twelve inches
and the upper strand not less than four feet from the ground, with good substantial posts
not more than sixteen feet apart, and any other fence which in the judgment of the
selectmen is equal to such a rail fence, shall be a sufficient fence. Adjoining proprietors
shall each make and maintain half of a divisional fence, the middle line of which shall
be on the dividing line, and such fence shall not exceed in width, if a straight wood
fence or hedge fence, two feet; if a brick or stone fence, three feet; if a crooked rail
fence, six feet; and, if a ditch, eight feet, not including the bank, which shall be on the
land of the maker. No ditch shall be made adjacent to a house lot without the consent
of the owner of the house.
(1949 Rev., S. 7155.)
Duty of proprietors when the line is such that no fence can be made. 1 R. 269. A ditch named and treated as a boundary
is regarded as a division fence. 6 C. 473. Rights of party repairing such ditch. Id., 474. What constitutes a divisional fence
within the statute. 15 C. 135. Fence viewers are the sole judges of what is a sufficient fence. 24 C. 277. Terms "sufficient
fence" and "ordinary fence" as used in the statute, construed. 37 C. 126, 127. Statute commented on. 52 C. 34. Hedge as
a division fence; rights of adjoining proprietors as to trimming hedge. 108 C. 98. Cited. 181 C. 454.
Cited. 46 CA 164.
Privet hedge set out and cared for by defendant only having its middle line on her property from three inches to one
and nine-tenths feet from boundary line held not division fence. 4 Conn. Cir. Ct. 196.