Title 47 — Property
52 chapters · 670 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. 47-26-03. Fence viewers taken from each township when a fence is on line between two townships. When the line upon which a partition fence is to be made or divided is the bounda…
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. § 47-26-06 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. § 47-26-10 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. § 47-26-13 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. § 47-26-15 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. § 47-26-19 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…