North Dakota § 47-26-10 Party erecting all or more than just share of partition fence may recover

North Dakota Statutes

§ 47-26-10 — Party erecting all or more than just share of partition fence may recover

North Dakota § 47-26-10

Title 47Property

Ch. 47-26Partition Fences

This text of North Dakota § 47-26-10 (Party erecting all or more than just share of partition fence may recover) 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 § 47-26-10 (2026).

Text

If, in a controversy which has arisen between the occupants of adjoining lands as to their
rights in a partition fence, it shall appear to the proper fence viewers that either of the
occupants, before the making of a complaint, had voluntarily erected all, or more than that
occupant's just share, of the fence or otherwise had become proprietor thereof, the other
occupant shall pay for as much of the fence as shall be assigned to that occupant to repair and
maintain. The amount that shall be paid to the aggrieved party shall be ascertained and
recovered as provided in section 47-26-08.

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If, in a controversy which has arisen between the occupants of adjoining lands as to their
rights in a partition fence, it shall appear to the proper fence viewers that either of the
occupants, before the making of a complaint, had voluntarily erected all, or more than that
occupant's just share, of the fence or otherwise had become proprietor thereof, the other
occupant shall pay for as much of the fence as shall be assigned to that occupant to repair and
maintain. The amount that shall be paid to the aggrieved party shall be ascertained and
recovered as provided in section 47-26-08.