Title XLVII, Boundaries, Fences and Common Fields

If the owner of land ceases to improve it, or lays it in common, and gives notice thereof in writing to the adjoining owner, if known, or files such notice with the town clerk if the adjoining owner is unknown, he shall not be bound to repair his part of the division fence, after…

The party neglecting to build or keep in repair any partition fence which he is bound to maintain is liable for damages arising from such neglect, and shall have no remedy for damages happening to himself therefrom.

The actual occupant of land shall be deemed the owner thereof for any of the purposes of this chapter.

Every application to the fence-viewers shall be in writing, and one application may embrace so many subjects as from the nature of the case may be acted upon at one meeting.

The fence-viewers shall give notice in writing to the other party interested therein of every application, and of the time and place for considering the same; shall hear the parties, if they attend, and their evidence; and shall make their decision in writing and cause a copy the…

The decision of the fence-viewers, upon their being sworn that they have acted impartially, uprightly and to the best of their judgment, shall be final and conclusive upon the parties.

Any division of such fence, made by the parties in writing and recorded in the town records, shall be binding upon the parties and all succeeding owners and occupants of the land.

If the fence in controversy is situate on the line of 2 towns, the application shall be made to the fence-viewers of the town in which the parties reside; if they reside in different towns, it shall be made to the fence-viewers of that town in which the applicant does not reside.

Any fence-viewer neglecting without sufficient cause to attend and perform any official duty shall be guilty of a violation.

The fence-viewers shall be paid $2 a day each for services by the party making the application, who may recover 1/2 thereof from the other party, unless the fence-viewers otherwise apportion the costs, but, in case of neglect by such other party to make or repair the part of the …

Such division may be established by usage and acquiescence of the parties, and those under whom they claim, for 20 years.

If the parties do not agree upon a division, or a division has not been established by usage and acquiescence, the fence-viewers, upon application, shall make division, which, being recorded in the town records, shall be of the same force as a division made by the parties; and a …

All fences of such height as to be reasonably adequate for their purpose and in good repair, consisting of rails, timber, boards or stone wall, barbed, electrified or woven wire, and all brooks, rivers, ponds, creeks, ditches, hedges and other things deemed by the fence-viewers t…

The fence-viewers, upon application of either party, shall view any fence alleged to be insufficient, and, if they judge it to be so, shall give notice to the delinquent party to build or repair the same within a time by them limited.

The fence-viewers, upon application of either party, shall view any brook, river, pond, creek or ditch alleged not to be equivalent to a legal and sufficient fence, and, if they judge it to be not so equivalent, shall make a division of the fence, and, if it is impracticable to b…

If either party, notified as provided in RSA 473:6 or 473:7, shall not build or repair his part of such fence within the time limited, the other party may build it.

The fence-viewers, upon application, shall view any fence built or repaired as provided in RSA 473:8, and if they judge the same and the residue of the fence between the same owners upon the same tract of land to be sufficient, they shall appraise the fence so built or the repair…