Idaho Statutes

§ 35-103 — ERECTION OF PARTITION FENCES

Idaho § 35-103
JurisdictionIdaho
Title 35FENCES
Ch. 1FENCES IN GENERAL

This text of Idaho § 35-103 (ERECTION OF PARTITION FENCES) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idaho Code § 35-103 (2026).

Text

When two or more persons own land adjoining which is inclosed by one (1) fence, and it becomes necessary for the protection of the rights and interests of one (1) party that a partition fence be made between them, the other or others, when notified, must proceed to erect, or cause to be erected, one-half (1/2) of such partition fence; said fence to be erected on, or as near as practicable to, the line of said land. And if, after notice given in writing, either party fails to erect and complete, within six (6) months time thereafter, one-half (1/2) of such fence, the party giving the notice may proceed to erect the entire partition fence and collect by law one-half the costs of such fence from the other party, and he has a lien upon the land thus partitioned.

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Related

Porter v. Bassett
195 P.3d 1212 (Idaho Supreme Court, 2008)
20 case citations
Radford v. Van Orden
(Idaho Supreme Court, 2021)

Legislative History

[(35-103) 1885, p. 118, sec. 1; R.S., sec. 1302; reen. R.C. & C.L., sec. 1266; C.S., sec. 1958; I.C.A., sec. 34-103.]

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Bluebook (online)
Idaho § 35-103, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/35-103.