§ 35-46-114 — Fence may be removed - when

When any person unwittingly, or
by mistake, erects a fence upon the land of another and when, by a line legally
determined, that fact is ascertained, such person may enter upon such premises
and remove such fence at any time within one year after giving or receiving notice
that the line has been run; but when the fence to be removed forms any part of a
fence enclosing a field of the other party, having a crop thereon, such first person
shall not remove such fence until such crop can, with reasonable diligence, be
gathered and secured.

Legislative History

Source: L. 1885: p. 222, � 7. R.S. 08: � 2593. C.L. � 3169. CSA: C. 160, � 73. CRS 53: � 8-13-15. C.R.S. 1963: � 8-13-15.