2006 Nebraska Revised Statutes - § 34-102 — Division fence; adjoining landowners; apportionment of cost.

Section 34-102
Division fence; adjoining landowners; apportionment of cost.

When two or more persons shall have lands adjoining, each of them shall make and maintain a just proportion of the division fence between them; PROVIDED, HOWEVER, this shall not be construed to compel the erection and maintenance of a division fence where neither of the adjoining landowners desires such division fence. Unless the owners of such lands adjoining shall have agreed otherwise, such fence shall be a lawful fence, as defined in section 34-115.

    R.S.1866, c. 1, § 13, p. 8

    R.S.1913, § 476

    Laws 1919, c. 94, § 2, p. 237

    C.S.1922, § 2418

    C.S.1929, § 34-102

Cross References:
    Game and Parks Commission,division fence responsibilities, see section 37-1012.

    Failure of plaintiff to maintain just proportion of division fence did not justify or excuse trespass by defendant's cattle; this article provides remedy for defendant to compel plaintiff to maintain proportion of fence. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).

    A cause of action for contribution does not arise from the erection of a partition fence, in the absence of any agreement, unless the method provided by statute is followed. Burr v. Hamer, 12 Neb. 483, 11 N.W. 741 (1882).

~Reissue Revised Statutes of Nebraska

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