2015 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
664. Boundaries, Fences, Ways, Water Rights
664-24 Pasturage in lieu of fences.
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
§664-24 Pasturage in lieu of fences. In case the court finds it to be inequitable or inexpedient to establish a fence between adjoining lands, either because of the nature or situation of the lands, the shortness of the unexpired term of a lease or agreement, the scarcity of fencing materials, or the conflicting rights of the parties; it may, if the lands are grazing lands, in lieu of fencing, decide how many animals each owner, lessee, or occupant shall be at liberty to pasture upon the owner's, lessee's, or occupant's land under a penalty to be specified in the decree. [L 1931, c 101, §4; RL 1935, §3674; am L 1935, c 52, §3; RL 1945, §10215; RL 1955, §234-23; HRS §664-24; am L 1972, c 90, §6(i); gen ch 1985]
Case Notes
Expensiveness of fence contemplated in comparison with value of land or poverty of one landowner does not render erection of fence "inexpedient". 4 H. 255.
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