55-319 - When division fence already built.
§ 55-319. When division fence already built.
When any fence which has been built and used by adjoining landowners as adivision fence, or any fence which has been built by one, and the otherafterwards required to pay half of the value, or expense thereof, under theprovisions hereinbefore contained, and which has thereby become a divisionfence between such lands, shall become out of repair to the extent that it isno longer a lawful fence, either one of such adjoining landowners may givewritten notice to the other, or to his agent, of his desire and intention torepair such fence, and require him to come forward and repair his halfthereof, and if he shall fail to do so within thirty days after being sonotified, the one giving such notice may then repair the entire fence so asto make it a lawful fence, and the other shall be liable to him for one-halfof the expense thereof.
(Code 1950, § 8-889; 1977, c. 624.)