2005 Idaho Code - 35-104 — CARE OF FENCES BY ADJOINING OWNERS

                                  TITLE  35
                                    FENCES
                                  CHAPTER 1
                              FENCES IN GENERAL
    35-104.  CARE OF FENCES BY ADJOINING OWNERS. Each adjoining land owner,
unless both otherwise agree, or unless other arrangements have heretofore been
made, must construct and keep in repair that half of the line fence between
their respective tracts of land which is to his left when he is standing on
his own land facing the other; unless the owner of one (1) of said tracts
choose to allow his land to be uninclosed: provided, that one (1) party may,
for his own convenience, strengthen, or render hog-tight, the whole or any
part of said fence by stretching one (1) or more additional wires thereon or
otherwise; in which event the other shall not be liable for his proportion of
the additional cost: provided further, if one (1) of the parties shall render
such fence hog-tight and the other shall at any time use his field for the
pasture of hogs, sheep or goats, without a herder, such other shall become
liable as a joint user or owner, and shall, upon demand of the party building
the hog-tight fence, pay his just proportion thereof. In case viewers are
appointed, as provided in section 35-106, the report of such viewers must be
in conformity with this section.