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29-304. Controversies; settlement by fence viewers. When any controversy shall arise about the rights of the respective owners in partition fences, or their obligations to keep up and maintain the same in good repair, and if they cannot agree among themselves, either party may apply to the fence viewers of the township in which such fence may be situated, who, after a reasonable notice to the other party, shall proceed, on application as aforesaid, to view such fence, and assign to each party, in writing, his equal share or part of such partition fence, to be by him kept up and maintained in good repair; which assignment shall be recorded by the register of deeds of the county in a book to be provided for that purpose, and shall be final, conclusive and binding upon the parties, and upon all the succeeding occupants of the lands, and they shall be obliged thereafter to maintain their respective portions of said fence.

History: G.S. 1868, ch. 40, ยง 11; October 31; R.S. 1923, 29-304.

Law Review and Bar Journal References:

"Kansas Fence Laws and Trespassing Livestock," Sam Brownback, 56 J.K.B.A., No. 3, 15, 18 (1986).

Attorney General's Opinions:

Enclosure of domestic animals. 87-28.

Board of county commissioners, acting as fence viewers, does not have authority to order fence to be moved. 2002-42.

CASE ANNOTATIONS

1. Award of fence viewers partly conclusive and partly prima facie. Grey v. Edrington, 29 Kan. 208, 209, 210.

2. An award obtained by fraud may be set aside. Robertson v. Bell, 36 Kan. 748, 754, 14 P. 160.

3. Duty of viewers in making assignment; basis of assignment. Griffith v. Carrothers, 86 Kan. 93, 119 P. 548.

4. Need to apply for fence viewers in dispute over maintenance of partition fence. Schwartz v. Kunz, 29 Kan. App. 2d 21, 22 P.3d 618 (2001).


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