North Dakota § 47-26-09 Fence viewers to settle controversy as to rights in fence and duty to maintain

North Dakota Statutes

§ 47-26-09 — Fence viewers to settle controversy as to rights in fence and duty to maintain

North Dakota § 47-26-09

Title 47Property

Ch. 47-26Partition Fences

This text of North Dakota § 47-26-09 (Fence viewers to settle controversy as to rights in fence and duty to maintain) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 47-26-09 (2026).

Text

maintain.
When a controversy arises relative to rights in a partition fence or the obligation to maintain
the same, either party may apply to a majority of the proper fence viewers who, after notice to
each party, may assign in writing to each person that person's share of the fence and direct the
time within which each party shall erect or repair that party's share of the fence. If a party
refuses or neglects to erect or maintain the part of a fence assigned to that party, the aggrieved
party may erect or repair the fence and the value thereof shall be ascertained and recovered in
the manner provided in section 47-26-08.

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maintain.
When a controversy arises relative to rights in a partition fence or the obligation to maintain
the same, either party may apply to a majority of the proper fence viewers who, after notice to
each party, may assign in writing to each person that person's share of the fence and direct the
time within which each party shall erect or repair that party's share of the fence. If a party
refuses or neglects to erect or maintain the part of a fence assigned to that party, the aggrieved
party may erect or repair the fence and the value thereof shall be ascertained and recovered in
the manner provided in section 47-26-08.