Title 35 — FENCES

35-101. Lawful fences in general. A lawful fence, except as hereinafter provided, must be not less than four and one-half (4 1/2) feet high, and the bottom board, rail, pole or wire must not be more than twenty (20") inches above the ground, and the space between the top and bott…

35-102. Lawful fences described. Lawful fences are described as follows: 1. If made of stone, four feet (4′) high, two feet (2′) base, and one foot (1′) thick on top. 2. If it be a worm fence, the rails must be well laid and at least four feet (4′) high. 3. If made of posts, with…

35-103. Erection of partition fences. When two or more persons own land adjoining which is inclosed by one (1) fence, and it becomes necessary for the protection of the rights and interests of one (1) party that a partition fence be made between them, the other or others, when no…

35-104. Care of fences by adjoining owners. Each adjoining land owner, unless both otherwise agree, or unless other arrangements have heretofore been made, must construct and keep in repair that half of the line fence between their respective tracts of land that is to his left wh…

35-105. Use of division fence in making inclosure. When one (1) of such adjoining proprietors has allowed his land to lie uninclosed, and afterward incloses it, he owes and is indebted to such adjoining owner one-half (1/2) the value of any division fence owned by the other, used…

35-106. Disagreement between owners — Viewers. If adjoining proprietors cannot agree as to the proportion or the particular part of a division fence to be made, maintained or kept in repair by each respectively, either party may apply, on five (5) days’ notice, to a magistrate ju…

35-107. Prohibition against removal. When one (1) party ceases to improve his land, or open his inclosure, he must not take away any part of the partition fence belonging to him and adjoining the next inclosure, if the owner or occupant of such adjoining inclosure will, within tw…

35-108. Removal of fence built by mistake. When any person has built, by mistake and in good faith, a fence on the land of another, such person or his successor in interest may, within one (1) year from the time of discovering such mistake, go upon the land of such other person a…

35-109. Restrictions on occupant’s right to remove fence. The occupant or owner of land whereon a fence has been built by mistake must not throw down or in any manner disturb such fence during the period that the person who built it is authorized by section 35-108, Idaho Code, to…

35-110. Survey of line. The person building such fence, or the occupant or owner of the land whereon the same is built, may, upon notice to the other party, whenever doubts arise about the location of such fence, procure the services of a professional land surveyor to establish t…

35-111. Removal of partition fence. In all cases where the inclosures of two (2) or more persons are divided by a partition fence of any kind, and either of the parties thinks proper to vacate his part of such inclosure, or to make a lane of passage between such adjoining inclosu…

35-112. Establishment of gates. In all cases where a partition fence exists between parties, and a gate is established for passage through their lands, any other person may pass through such gate free, doing no unnecessary damage, and if any such person leave any such gate open, …