Title 47, Property
52 chapters · 686 sections in this title.
N.D.C.C. § 47-26-01 Definition of legal fence
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The following shall constitute a legal fence: 1. Any fence four and one-half feet [1.37 meters] high, in good repair, consisting of rails, timber, boards, stone walls, or any combination thereof. 2. All brooks, rivers, ponds, creeks, ditches, or hedges. 3. All things which, in th…
N.D.C.C. § 47-26-02 Fence viewers
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In an organized township, the members of the board of township supervisors shall act as fence viewers.
N.D.C.C. § 47-26-03 Fence viewers taken from each township when a fence is on line between two townships
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When the line upon which a partition fence is to be made or divided is the boundary line between civil townships or is partly in one civil township and partly in another, a township supervisor shall be taken from each township affected when the services of fence viewers are requi…
N.D.C.C. § 47-26-04 Fees of fence viewers
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Each township supervisor may be paid by the employing person at the rate of no more than fifteen dollars per day for the time employed as a fence viewer. If such person neglects to pay such fees within thirty days after the service is performed, the township supervisor may recove…
N.D.C.C. § 47-26-05 Partition fences - Maintained by occupants and owners of land - Partition fence exceeding legal fence
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The occupants and the coterminous owners of lands enclosed with fences are mutually and equally bound to maintain the partition fences between their own and the next adjoining enclosures unless one of such owners chooses to let that owner's land lie open. If one of such occupants…
N.D.C.C. § 47-26-06 Fences to be kept in repair throughout the year
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All partition fences shall be kept in good repair throughout the year unless the occupants of the lands on both sides thereof mutually agree otherwise.
N.D.C.C. § 47-26-07 Fence viewers may order partition fence maintained
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If any party neglects to repair or rebuild any partition fence which it is that party's duty to maintain, the aggrieved party may complain to the proper fence viewers, or a majority of them, who, after due notice to each party, shall proceed to examine the fence. If they determin…
N.D.C.C. § 47-26-08 Person rebuilding or repairing fence may recover expenses
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A complainant who has rebuilt or repaired a deficient fence as provided in section 47-26-07 may recover, from either the owner or the occupant of the land where the fence was deficient, the value of repairing or rebuilding the same and the fees of the fence viewers after: 1. The …
N.D.C.C. § 47-26-09 Fence viewers to settle controversy as to rights in fence and duty to maintain
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When a controversy arises relative to rights in a partition fence or the obligation to maintain the same, either party may apply to a majority of the proper fence viewers who, after notice to each party, may assign in writing to each person that person's share of the fence and di…
N.D.C.C. § 47-26-10 Party erecting all or more than just share of partition fence may recover
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If, in a controversy which has arisen between the occupants of adjoining lands as to their rights in a partition fence, it shall appear to the proper fence viewers that either of the occupants, before the making of a complaint, had voluntarily erected all, or more than that occup…
N.D.C.C. § 47-26-11 Application to fence viewers to settle controversy when land is bounded by river or pond
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When lands of different persons which are required to be fenced are bounded or divided by a river, brook, pond, or creek and the occupant of the land on one side of the river, brook, pond, or creek refuses or neglects to join with the occupant of the land on the other side in mak…
N.D.C.C. § 47-26-12 Determination of fence viewers when land bounded by water - Notice - Liability of delinquent party
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The fence viewers to whom an application is made under section 47-26-11 shall proceed to view the premises described in the application forthwith. If such supervisors shall determine that the river, brook, pond, or creek is not, of itself, a sufficient fence and that it is imprac…
N.D.C.C. § 47-26-13 Partition fence erected in body of water erected in equal shares
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When it is necessary to erect a partition fence in a body of water, such fence shall be built in equal shares unless it is agreed otherwise by the parties. If either party refuses or neglects to build or maintain that party's share of the fence, the other party may build or maint…
N.D.C.C. § 47-26-14 Fencing of lands owned by different persons in severalty but occupied in common
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When lands belonging to different persons in severalty have been occupied in common by such persons without a partition fence between their respective lands and one of the occupants desires to occupy that occupant's part in severalty, that occupant may apply to a majority of the …
N.D.C.C. § 47-26-15 When partition fence removable
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When one party ceases to improve that party's land or opens that party's enclosure, that party may take away any part of the partition fence belonging to that party and adjoining the next enclosure unless the owner or occupant of the adjoining enclosure shall pay the sum determin…
N.D.C.C. § 47-26-16 Owner of unenclosed lands to pay value of fence when land is enclosed
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When unenclosed ground is enclosed, the owner or occupant thereof shall pay one-half of the value of each partition fence standing upon the line between that person's land and the enclosure of any other owner or occupant. If the parties do not agree on the value of the fence, it …
N.D.C.C. § 47-26-17 If owner determines not to fence land, notice to adjacent landowners - Removal of partition fence
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If a person shall determine not to fence any of that person's lands adjoining a partition fence that has been divided according to the provisions of this chapter and shall give six months' notice of such determination to all the adjoining occupants of the lands, that person shall…
N.D.C.C. § 47-26-18 Division of fences valid against parties to agreement and their heirs and assigns
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All divisions of fences or of the lines upon which partition fences are to be erected between unfenced land, which are made by the fence viewers in the manner provided in this chapter and recorded in the office of the recorder, and all such divisions which are made by the owners …
N.D.C.C. § 47-26-19 Fence viewers neglecting to perform duty - Penalty
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A township supervisor who unreasonably neglects to view a fence after having been requested to do so, or who refuses to perform any other duty required under the provisions of this chapter, shall forfeit the sum of five dollars and shall be liable to the party injured for all dam…
N.D.C.C. § 47-26-20 Duty to maintain partition fence when lands enclosed for pasturage or grazing
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The provisions of this chapter shall apply to the respective occupants of lands which have been enclosed with fences for pasturage or grazing purposes.