§ 4-26-102 — Adjoining landowners -- Partition fences -- Contribution.

(1) If two or more persons agree to a fence enclosure or to the construction of a partition fence, the cost of construction and maintenance of the fence shall be apportioned between each party to the agreement based upon the amount of land enclosed.
(2) A person who is a party to an agreement described in Subsection (1) and who fails to maintain such person's part of the fence is liable in a civil action for any damage sustained by another party to the agreement as a result of the failure to maintain the fence.
(3) (3)(a) If a person has enclosed land with a fence and the owner of adjoining land desires to enclose land adjoining the fence so that the existing fence or any part of it will become a partition fence between such tracts of land, the owner of the adjoining land shall, before making the enclosure, pay to the owner of the existing fence one-half of the value of all that part of the fence that will become a partition fence.
(3)(b) If a person whose land is enclosed, in whole or in part, by a partition fence ceases to improve or cultivate that person's land or opens the enclosure, the person:
(3)(b)(i) shall give notice to the other owner of the partition fence and an opportunity to pay for the person's reasonable value of the fence;
(3)(b)(ii) may not remove any part of the partition fence until the earlier of:

(3)(b)(ii)(A) 30 days after the day on which the person gave notice to the other owner, as described in Subsection (3)(b)(i); or
(3)(b)(ii)(B) the day the other owner pays the person for the person's reasonable value of the fence; and
(3)(b)(iii) notwithstanding Subsection (3)(b)(ii), may not remove the partition fence if the crops enclosed by the fence will be exposed to injury.

Legislative History

Amended by Chapter 345, 2017 General Session