§ 32-26-2-16 — Existing fence becoming partition fence; action for payment

Indiana § 32-26-2-16

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 26: FENCES
• Ch. 2: Enclosures, Trespassing Animals, and Partition Fences

Text

(a) If a person who encloses previously
unenclosed property refuses to pay the owner of an existing fence
under section 15 of this chapter, the owner may file a civil action for
recovery of the amount due under section 15 of this chapter.
(b) This subsection applies if, before a trial under subsection (a):
(1) the person who encloses the previously unenclosed property
offers to the owner of an existing fence; and
(2) the owner of the existing fence refuses to accept;
an amount equal to or larger than the damages awarded at the trial and
the costs accrued up to the date of the offer. The owner of the existing
fence shall pay the costs of the action and receive only the damages
assessed.
[Pre-2002 Recodification Citation: 32-10-2-16.]

Legislative History

As added by P.L.2-2002, SEC.11.