29-401. If any person liable to contribute to the erection of a partition fence shall neglect or refuse to make and maintain his proportion of such fence, or shall permit the same to be out of repair, he shall not be allowed to have and maintain any action for damages incurred, but shall be liable to pay to the party injured all such damages as shall accrue to his lands and the crops, fruit trees and shrubbery thereon, and fixtures connected with the said land, such damage to be assessed by the fence viewers, on application of the party injured, one day's notice in writing having been first given to the party liable, either by delivering to him personally or by copy left at his usual place of abode, that such application for assessment of damages had been made, and the time when the fence viewers would attend to make such assessment.
History: G.S. 1868, ch. 40, ยง 26; October 31; R.S. 1923, 29-401.
Attorney General's Opinions:
Board of county commissioners, acting as fence viewers, does not have authority to order fence to be moved. 2002-42.
CASE ANNOTATIONS
1. Section cited and discussed in damage action; held not applicable. Smith v. Ott, 100 Kan. 136, 138, 163 P. 918.