Minnesota Statutes

Minn. Stat. § 344.05 (2026)

Repair Costs Recoverable

✓ current as of May 2026

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If a complainant builds, repairs, or rebuilds a fence according to section 344.04 and the fence viewers consider it sufficient, they shall give the occupants reasonable notice and an opportunity to be heard, determine the cost of the fence or repair, and give to the complainant who built, repaired, or rebuilt the fence a signed certificate of their decision and of the cost of the fence or repair and the viewers' fees. The complainant may demand, either of the owner or the occupant of the adjoining land where the fence was wanting or deficient, the viewers' fees and double the amount of the ascertained expense. If the owner or occupant does not pay that amount within one month after demand, the complainant may recover the amount, with interest, in a civil action.

Notes of Decisions

Cited in 1 case, 1985–1985 · 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 8× “The accompanying letter notified appellant that the bill was presented to him under Minn.Stat. § 344.05 (1982). It advised him that if he had any questions, he should appear before the board at the next town meeting on September 6.”

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