§ 29-406 — Removal of fence built upon land of another by mistake; damages

When a person has made a fence on an enclosure which afterwards, on making division lines, is found to be on lands of another, and the same has occurred through mistake, such first person may enter upon the land of the other and remove his fence and material within six months after such line has been run, upon his first paying or offering to pay the other party for any damages to the soil which may be occasioned thereby; and when the parties cannot agree as to the damage, the fence viewers may determine it as in other cases.

Legislative History

G.S. 1868, ch. 40, § 31; October 31; R.S. 1923, 29-406.