29-301.
Maintenance.
The owners of adjoining lands shall keep up and maintain in good repair all partition fences between them in equal shares, so long as both parties continue to occupy or improve such lands, unless otherwise agreed.
History:
G.S. 1868, ch. 40, § 8; October 31; R.S. 1923, 29-301.
Notes of Decisions
Cited in
4
cases, 1981–2007 · leading case:
Muhl v. Bohi, 152 P.3d 93 (Kan. Ct. App. 2007).
Muhl v. Bohi, 152 P.3d 93 (Kan. Ct. App. 2007).
· cites it 2× “Consequendy, they argue that because they had die statutory authority to enter the Muhls’ property to maintain the fence, no trespass occurred. The statutes providing for partition fences are silent as to whether a landowner may enter onto an adjoining landowner’s property to…”
Schwartz v. Kunze, 22 P.3d 618 (Kan. Ct. App. 2001).
· cites it 4× “On October 6, 1983, the Board of Riley County Commissioners (County), acting as fence viewers pursuant to K.S.A. 29-301, made an assignment for the budding and maintenance of the fence.”
Walborn v. Stockman, 706 P.2d 465 (Kan. Ct. App. 1985).
“At the time the herd laws were adopted, Kansas had (and still has) what is known as the fence law, K.S.A. 29-301 to 29-319. The fence law was enacted by the 1854 Territorial Legislature to effectuate an open range policy.”
Lindsay v. Cobb, 627 P.2d 349 (Kan. Ct. App. 1981).
“” We take special note of the stipulated fact that, at all relevant times, the fence constructed and maintained along the entire line between the properties owned by these parties was a legal and sufficient partition fence under the provisions of K.S.A. 29-301 et seq., which…”
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