2021 Colorado Code
Title 35 - Agriculture
Article 46 - Fence Law
§ 35-46-112. Partition Fences

Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each tract to build one-half of the line fence, such fence to be a lawful fence as described in section 35-46-101 . When the owner or tenant of any agricultural or grazing lands owns a previously erected lawful fence upon any line between such land and the agricultural or grazing lands of any other person, and such other person or anyone holding under such person, occupies the adjoining land, it is the duty of such owner to pay the person owning such fence one-half of its cash value.

History. Source: L. 1885: P. 221, § 4. R.S. 08: § 2590. L. 17: P. 344, § 4. C.L. § 3156. CSA: C. 160, § 59. L. 53: P. 588, § 4. CRS 53: § 8-13-13 . C.R.S. 1963: § 8-13-13 .

Fence erected 10 feet inside line cannot be regarded as built in compliance with this section. Maudlin v. Hanscombe, 12 Colo. 204 , 20 P. 619 (1888).

Party who builds fence cannot charge neighbor for contribution. Where both adjoining pasture premises are in occupancy and no partition fence exists, no provision of this section gives to one of the parties, who may elect to build the entire line fence, any right to recover involuntary contributions from his neighbor who has deferred the performance of his inchoate statutory duty: Section 35-46-113 alone provides machinery for the imposition of a statutory liability upon a noncooperating party. Mosher v. Schumm, 114 Colo. 441 , 166 P.2d 559 (1946).