Chapter 34, FENCES, BOUNDARIES, AND LANDMARKS
13 sections in this chapter.
Neb. Rev. Stat. § 34-101 Legislative findings.
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The Legislature finds the duty of adjoining landowners for the construction and maintenance of division fences to be beneficial to the public interest and welfare. Such benefits are not confined to historical and traditional societal benefits that accrue from the proper constrain…
Neb. Rev. Stat. § 34-102 Division fence; adjoining landowners; construct and maintain just proportion of fence.
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(1) When there are two or more adjoining landowners, each of them shall construct and maintain a just proportion of the division fence between them. Just proportion means an equitable allocation of the portion of the fenceline to be physically constructed and maintained by each l…
Neb. Rev. Stat. § 34-103 Maintenance; private nuisance.
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Every person liable to contribute to the construction and maintenance of a division fence or any portion thereof shall maintain his or her portion in good repair, including the necessary removal or trimming of trees and woody growth within or encroaching upon the fenceline to rep…
Neb. Rev. Stat. § 34-112 Division fence; injury or destruction; repair.
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Whenever a division fence is injured or destroyed by fire, floods, or other casualty, the person bound to construct and maintain such fence, or any part thereof, shall make repairs to the same, or his or her just proportion thereof, as provided in section 34-102.
Neb. Rev. Stat. § 34-112.01 Division fence; entry upon land authorized.
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An owner of land may enter upon adjacent land owned by another person to construct, maintain, or repair a division fence pursuant to sections 34-102 and 34-112, but such access shall be allowed only to the extent reasonably necessary to construct, maintain, or repair the division…
Neb. Rev. Stat. § 34-112.02 Division fence; construction, maintenance, or repair; notice; court action authorized; hearing; mediation; costs.
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(1) Whenever a landowner desires to construct a division fence or perform maintenance or repairs to an existing division fence, such landowner shall give written notice of such intention to any person who is liable for the construction, maintenance, or repair of the division fenc…
Neb. Rev. Stat. § 34-112.03 Division fence; changes made by Laws 2007, LB 108; applicability.
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The changes made to sections 34-102, 34-112, and 37-1012 by Laws 2007, LB 108, sections 34-112.01 and 34-112.02, and the repeal of sections 34-101, 34-103 to 34-111, and 34-113 by Laws 2007, LB 108, apply commencing on March 8, 2007, except that prior law applies to any division …
Neb. Rev. Stat. § 34-115 Lawful fences, defined.
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Lawful fences of different kinds used for fence to enclose lands shall be as hereinafter defined. (1) A rail fence shall consist of at least six rails, such rails to be secured by stakes at the end of each panel, well set in the ground, with a rider on the stakes. (2) A board fen…
Neb. Rev. Stat. § 34-116 Lawful fences; height and spaces.
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The fences described in section 34-115 shall be at least four and one-half feet in height; and in the construction of such fences the spaces between the boards, rails, poles, and wires shall not exceed one foot each, measuring from the top.
Neb. Rev. Stat. § 34-117 Lawful fences; Warner's Patent; requirements.
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Fence known as Warner's Patent shall be at least four and one-half feet in height, and consist of not less than five boards; such boards to be of a width of not less than five inches, and one inch thick.
Neb. Rev. Stat. § 34-201 Preservation during construction and other work.
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It shall be the duty of every individual or corporation engaged either directly or indirectly in the construction of any irrigation ditch, drainage ditch, railroad, side track or spur track, or any other construction, or in any other activity whatsoever, that endangers or may end…
Neb. Rev. Stat. § 34-202 Failure to protect; liability for damages.
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Any individual or corporation who shall fail to protect such landmarks or corners shall be responsible for all damage that may accrue to the party injured by reason of such loss or destruction.
Neb. Rev. Stat. § 34-301 Disputed corners and boundaries; court action to settle; procedure.
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When one or more owners of land, the corners and boundaries of which are lost, destroyed, or in dispute, desire to have the same established, they may bring an action in the district court of the county where such lost, destroyed, or disputed corners or boundaries, or part thereo…