Sec. 47-51. Repair of division fence.
Sec. 47-51. Repair of division fence. If any person neglects to keep his division
fence in repair, the party aggrieved may call on the selectmen to view it, who, if they
find it insufficient, shall immediately give written notice thereof to the person bound
to repair it, and shall also mail to the owner of any mortgage upon land which is partly
bounded by the fence in question a written notice of an order to repair such fence. If
none of the parties interested, to whom notice has been given, makes such repairs within
fifteen days from the time of giving such notice, the party aggrieved may make such
repairs and recover of the person bound to repair it double the cost of such repairs as
estimated in writing by the selectmen and also the fees of such selectmen. Such sums
shall constitute a lien upon such land against all persons interested therein, provided
such lien shall be recorded in the office of the town clerk of the town in which such
land is situated within sixty days from the time of completing such repairs. Such liens
may be foreclosed in the manner provided for the foreclosure of mortgages.
(1949 Rev., S. 7160.)
Defendant's obligation to keep fence in repair must be averred. 15 C. 532. Fence viewers are the sole judges as to
sufficiency of fence. 24 C. 277. Fence viewers are not judicial officers. Id.; 28 C. 604. Unnecessary to set forth in the notice
the particular defects; what notice is sufficient. 24 C. 277; 29 C. 421; Id., 431. Not necessary that notice should be given
delinquent party of the time of meeting to estimate value of repairs. 28 C. 605; 101 C. 289. The fifteen days given to repair
run from time of serving notice. 29 C. 431. To what extent the complainant, on neglect of the owner, may repair. Id.
Selectmen's order is void if fence is not a divisional fence; question may be raised for first time in superior court. 101 C. 288.
Cited. 4 Conn. Cir. Ct. 196, 199.