35-106. DISAGREEMENT BETWEEN OWNERS — VIEWERS. If adjoining proprietors cannot agree as to the proportion or the particular part of a division fence to be made, maintained or kept in repair by each respectively, either party may apply, on five (5) days’ notice, to a magistrate judge, for the appointment of three (3) viewers, who may examine witnesses on oath, and view the premises and must determine:
1. If the fence is owned by one (1) proprietor, how much the other must pay as his proportion of the value.
2. If the fence or the whole thereof is not built, which part thereof must afterward be built and kept in repair by each.
The determination of the viewers must be reduced to writing and signed by them, and filed in the office of the county recorder, and such determination is conclusive upon the parties. If any part of such determination consists in fixing the value of a fence for which one (1) party is to pay the other a proportion also fixed, such proportion must be paid within thirty (30) days after notice of such determination, and if not so paid, may be recovered by action in any court of competent jurisdiction. The viewers are entitled to a fee of three dollars ($3.00) each, one-half (1/2) to be paid by each proprietor.
History:
[(35-106) 1885, p. 118, sec. 1; R.S., sec. 1305; reen. R.C. & C.L., sec. 1269; C.S., sec. 1961; I.C.A., sec. 34-106; am. 2012, ch. 20, sec. 18, p. 70.]
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