Minnesota Statutes

Minn. Stat. § 344.04 (2026)

Failure To Build Or Repair; Rights Of Complainant

✓ current as of May 2026

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If a person fails to build, repair, or rebuild a partition fence which the person is required to build or maintain, the affected party may complain to the fence viewers. The fence viewers shall give notice to the parties and examine the fence or look into the need for a proposed fence. If they determine that an existing fence is insufficient or a new fence is necessary, they shall notify the delinquent owner or occupant in writing to that effect and order the owner or occupant to build, repair, or rebuild the fence within a reasonable time. If the delinquent fails to comply with the order, the complainant may build, repair, or rebuild the fence and obtain reimbursement pursuant to section 344.05.

Notes of Decisions

Cited in 3 cases, 1985–2013 · leading case: Miles v. Althoff, 373 N.W.2d 655 (Minn. Ct. App. 1985).

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Miles v. Althoff, 373 N.W.2d 655 (Minn. Ct. App. 1985). · cites it 12× “Was there sufficient compliance with the notice requirement of Minn.Stat. § 344.04 prior to the fence examination? 2.”

Rice v. Kringler, 517 N.W.2d 606 (Minn. Ct. App. 1994). · cites it 10× “03 (1990) applies only when adjoining land of both of the owners is used and improved; and (2) the trial court erred in finding that appellants were provided with sufficient notice as required by Minn.Stat. § 344.04 (1990). FACTS Appellants own property directly north of…”

Lanpher v. Nygard, 829 N.W.2d 438 (Minn. Ct. App. 2013). · cites it 2× “There are also no indications that fence viewers ordered the parties to build or maintain the fence, found the fence to be deficient and ordered its repair, or assigned a share of the fence to appellant to be repaired.”

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