2005 Idaho Code - 35-106 — DISAGREEMENT BETWEEN OWNERS -- VIEWERS

                                  TITLE  35
                                    FENCES
                                  CHAPTER 1
                              FENCES IN GENERAL
    35-106.  DISAGREEMENT BETWEEN OWNERS -- VIEWERS. If adjoining proprietors
cannot agree as to the proportion or the particular part of a division fence
to be made, maintained or kept in repair by each respectively, either party
may apply, on five (5) days' notice, to a justice of the peace of the
township, if there be one, if not, to the probate judge, for the appointment
of three (3) viewers, who may examine witnesses on oath, and view the premises
and must determine:
    1.  If the fence is owned by one (1) proprietor, how much the other must
pay as his proportion of the value.
    2.  If the fence or the whole thereof is not built, which part thereof
must afterward be built and kept in repair by each.
    The determination of the viewers must be reduced to writing and signed by
them, and filed in the office of the county recorder, and such determination
is conclusive upon the parties. If any part of such determination consists in
fixing the value of a fence for which one (1) party is to pay the other a
proportion also fixed, such proportion must be paid within thirty (30) days
after notice of such determination, and if not so paid, may be recovered by
action in any court of competent jurisdiction. The viewers are entitled to a
fee of three dollars ($3.00) each, one-half (1/2) to be paid by each
proprietor.