2021 Colorado Code
Title 35 - Agriculture
Article 46 - Fence Law
§ 35-46-114. Fence May Be Removed - When

Universal Citation: CO Code § 35-46-114 (2021)

When any person unwittingly, or by mistake, erects a fence upon the land of another and when, by a line legally determined, that fact is ascertained, such person may enter upon such premises and remove such fence at any time within one year after giving or receiving notice that the line has been run; but when the fence to be removed forms any part of a fence enclosing a field of the other party, having a crop thereon, such first person shall not remove such fence until such crop can, with reasonable diligence, be gathered and secured.

History. Source: L. 1885: P. 222, § 7. R.S. 08: § 2593. C.L. § 3169. CSA: C. 160, § 73. CRS 53: § 8-13-15 . C.R.S. 1963: § 8-13-15 .


ANNOTATION

This section provides for right of access by one landowner to remove fence. Kelly v. Mullin, 159 Colo. 573 , 413 P.2d 186 (1966).


Disclaimer: These codes may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.