Idaho Statutes
§ 35-103 — ERECTION OF PARTITION FENCES
Idaho § 35-103
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)
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.]
Nearby Sections
15
§ 35-101
LAWFUL FENCES IN GENERAL§ 35-102
LAWFUL FENCES DESCRIBED§ 35-103
ERECTION OF PARTITION FENCES§ 35-107
PROHIBITION AGAINST REMOVAL§ 35-110
SURVEY OF LINE§ 35-111
REMOVAL OF PARTITION FENCE§ 35-112
ESTABLISHMENT OF GATES§ 35-302
NOTICE TO OWNER§ 35-303
OWNER’S LIABILITY AFTER NOTICECite This Page — Counsel Stack
Bluebook (online)
Idaho § 35-103, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/35-103.