Delaware § 1304 Maintenance of partition fences; liability for enclosure of another’s lands

Delaware Statutes

§ 1304 — Maintenance of partition fences; liability for enclosure of another’s lands

Delaware § 1304

Title25

PartGeneral Provisions

Ch. 13FENCES

This text of Delaware § 1304 (Maintenance of partition fences; liability for enclosure of another’s lands) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 1304 (2026).

Text

(a)The respective occupants of lands enclosed by fences shall maintain partition fences between them in equal shares, as long as both parties continue to improve the same.

(b)Where any person encloses land adjoining another’s enclosed land, so that any part of the fence, or fence and ditch, or hedge and ditch, or wall, already made, becomes a partition fence, the fence-viewers shall determine what sum shall be paid by the one to the other, and the fence shall then be maintained by the parties equally.

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(a) The respective occupants of lands enclosed by fences shall maintain partition fences between them in equal shares, as long as both parties continue to improve the same.

(b) Where any person encloses land adjoining another’s enclosed land, so that any part of the fence, or fence and ditch, or hedge and ditch, or wall, already made, becomes a partition fence, the fence-viewers shall determine what sum shall be paid by the one to the other, and the fence shall then be maintained by the parties equally.