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