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3 MINNESOTA STATUTES 2013 344.10 <br /> 344.06 CONTROVERSY; DECISION BY FENCE VIEWERS. <br /> If a controversy arises concerning the rights in partition fences of the respective occupants <br /> or their obligation to maintain the fences, either party may apply to the fence viewers, who, after <br /> due notice to the parties, may assign to each a share in the fence and direct the time within which <br /> the fence must be erected or repaired. The assignment may be recorded with the county recorder <br /> after which it is binding upon the parties and upon all succeeding occupants of the lands. <br /> History: (7253) RL s 2753; 1976 c 181 s 2; 1985 c 265 art 6 s 1; 2005 c 4 s 64 <br /> 344.07 FAILURE TO ERECT OR MAINTAIN. <br /> If a party fails to erect or maintain the part of a fence assigned under section 344.06, <br /> the aggrieved party may erect and maintain the fence, and be entitled to double the cost of the <br /> construction and maintenance as ascertained and recovered in section 344.05 in the case of repairs. <br /> History: (7254) RL s 2754; 1985 c 265 art 6 s 1 <br /> 344.08 RECORDED DIVISION; BINDING ON HEIRS AND ASSIGNS. <br /> All divisions of fences which are made by fence viewers under this chapter, or which <br /> are made by owners of adjoining lands, in writing, witnessed by two witnesses, signed and <br /> acknowledged by the parties, and recorded with the county recorder, are valid against the parties <br /> to the divisions and their heirs and assigns. <br /> History: (7255) RL s 2755; 1976 c 181 s 2; 1985 c 265 art 6 s 1; 2005 c 4 s 65 <br /> 344.09 PARTY ERECTING MORE THAN SHARE. <br /> If there is a controversy between occupants of adjoining lands as to their respective rights <br /> in any partition fence and the fence viewers decide that either occupant has voluntarily erected <br /> or otherwise become the proprietor of more than that occupant's just share of the fence before a <br /> complaint was made, the other occupant shall pay for the share of the fence assigned to the other <br /> to repair and maintain. The value of the fence must be ascertained and recovered pursuant to <br /> section 344.05. <br /> History: (7256) RL s 2756; 1985 c 265 art 6 s 1; 1986 c 444 <br /> 344.10 LANDS BOUNDED BY STREAM. <br /> If lands of different persons must be fenced and are bounded upon or divided by a stream or <br /> pond which, in the judgment of the fence viewers, is not in itself a sufficient fence, and if the <br /> viewers determine that it is impracticable, without unreasonable expense, for a partition fence to <br /> be made on the waters at the true boundary line, and if the occupant on either side fails to join <br /> with the occupant on the other side in making a partition fence on one side or the other, then the <br /> fence viewers, on application of either party, shall view the stream or pond, and, after giving due <br /> notice to the parties, determine, in writing, on which side of the stream or pond the fence must be <br /> erected and maintained, or whether partly on one side and partly on the other. If either party fails <br /> to build or maintain the assigned part of the fence according to the viewers' determination, the <br /> other party may build and maintain the fence, and the delinquent party must pay the charges and <br /> costs provided for in other cases in this chapter. <br /> History: (725 7) RL s 2 75 7; 1985 c 265 art 6 s I <br /> Copyright©2013 by the Office of the Revisor of Statutes, State of Minnesota.All Rights Reserved. <br />