Colorado § 35-46-113 Cost and repair - how recovered

Colorado Statutes

§ 35-46-113 — Cost and repair - how recovered

Colorado·Title 35 Agriculture·Art. Fence Law

Partition fences between
agricultural and grazing land shall be erected and also kept in repair at the joint
cost of the owners of the respective adjoining tracts, except as otherwise agreed by
such owners. If, after thirty days' written notice, served personally or by registered
mail by either the owner or tenant of one tract upon the owner or tenant of the
other tract, such other owner neglects or refuses to erect or repair one-half of the
partition fence, the person giving notice may proceed to erect or repair the entire
partition fence and collect by a civil action at law one-half the entire cost of
erecting or repairing the partition fence from the other owner. A judgment obtained
against the owner of land for the value of the owner's share of any such partition
fence or the

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Partition fences between
agricultural and grazing land shall be erected and also kept in repair at the joint
cost of the owners of the respective adjoining tracts, except as otherwise agreed by
such owners. If, after thirty days' written notice, served personally or by registered
mail by either the owner or tenant of one tract upon the owner or tenant of the
other tract, such other owner neglects or refuses to erect or repair one-half of the
partition fence, the person giving notice may proceed to erect or repair the entire
partition fence and collect by a civil action at law one-half the entire cost of
erecting or repairing the partition fence from the other owner. A judgment obtained
against the owner of land for the value of the owner's share of any such partition
fence or the repair of the partition fence is a lien upon the owner's land to which the
fence is appurtenant, and a special execution may issue and be levied upon the land
to which the fence is appurtenant, as in the manner now prescribed for the levying
of an execution under the foreclosure of a mortgage upon real property. The land
may be sold under sheriff's sale for the purpose of satisfying the special execution
in the same manner as is now provided for the foreclosure of mortgages on real
property.

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Legislative History

Source: L. 1885: p. 221, � 5. R.S. 08: � 2591. L. 17: p. 344, � 5. C.L. � 3157. CSA: C. 160, � 60. L. 53: p. 589, � 5. CRS 53: � 8-13-14. C.R.S. 1963: � 8-13-14. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 133, � 132, effective August 6.