Sec. 47-53. Apportionment of division fence. Penalty.
Sec. 47-53. Apportionment of division fence. Penalty. When there is no fence
between adjoining proprietors or when a particular enclosure is divided between two
or more proprietors and either desires to have a division fence erected, any two selectmen
of the town where such land is situated, and, if the same is situated in more than one
town, then one from each town, may view such dividing line, first giving notice to such
proprietors; and, if they deem it reasonable that such fence should be erected at the
expense of each of such adjoining proprietors, shall divide and stake out a line and assign
to each his portion thereof and limit a time within which it shall be erected; and each
proprietor shall erect a sufficient fence on the portion of such line so set to him. If either
makes his portion of such fence and the other neglects to make his portion within such
time, such selectmen may cause the fence to be completed, and the expense thereof, as
certified by the selectmen, shall be paid by the proprietor so neglecting. Any person
who neglects to erect a sufficient fence on the portion of such line so set to him, within
the time prescribed by such selectmen, shall be fined not more than two dollars for each
day of such neglect.
(1949 Rev., S. 7162.)
Fence viewers have no power to settle disputed lines or bounds. 28 C. 198; 101 C. 289.
Cited. 4 Conn. Cir. Ct. 196, 199.