Sec. 47-49. Purchase of division fence.
Sec. 47-49. Purchase of division fence. If one proprietor or his predecessor in title
makes the whole fence and the adjoining proprietor afterwards encloses his land, such
adjoining proprietor shall purchase and maintain half of the divisional fence. If the
parties do not agree in dividing and appraising it, either may call on the selectmen of
the town in which such fence is situated, who may set out, to each, his proportion of
such fence and determine how much shall be paid to the party erecting or owning the
same by the other; a certificate of which determination, under the hands of the selectmen,
shall be sufficient evidence for the recovery of the amount so determined. No action
therefor shall be maintained unless the proprietor, who, or whose predecessor in title,
first occupied his land and made the whole of the divisional fence, has caused such fence
to be so divided and appraised within six years after the adjoining proprietor, or those
under whom he holds, has first enclosed his land by particular enclosure, nor unless
such action is commenced within one year after such division and appraisal have been
made.
(1949 Rev., S. 7158.)
Parol division of divisional fence by adjoining proprietors is valid. 29 C. 428. Decision of one selectman, when binding
as to division of fence. 32 C. 109. Where party builds whole of division fence on line, the adjacent proprietor has no right
to tear down half. 52 C. 34.
Cited. 4 Conn. Cir. Ct. 196, 199.