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4 MINNESOTA STATUTES 2013 344.17 <br />344.11 LANDS OCCUPIED IN COMMON. <br />If one of the occupants of enclosed lands belonging to different persons in severalty, which <br />have been occupied by them in common without a partition fence, desires that the part occupied <br />by that person be occupied in severalty, and the other party fails to divide the land or to build a <br />fence on part of the land when it has been divided, the party desiring it may have the land divided <br />and assigned by the fence viewers in the manner provided in this chapter. <br />History: (7258) RL s 2758; 1985 c 265 art 6 s 1; 1986 c 444 <br />344.12 VIEWERS TO FIX TIME FOR BUILDING. <br />If fence viewers have divided land and assigned fence responsibilities, they may set <br />in writing a reasonable time for building the fence, having regard to the season of the year. If <br />either party fails to build part of the fence within the time assigned, the other party may, after <br />completing part of the fence, build the other part, and recover the viewers' fees and double the <br />cost of building the other part, as determined pursuant to this chapter. <br />History: (7259) RL s 2759; 1985 c 265 art 6 s 1 <br />344.13 LANDS FIRST ENCLOSED. <br />When unenclosed lands are afterwards enclosed, the owner or occupant of the lands shall <br />pay one -half of the value of each partition fence extending upon the line between that person's <br />land and the enclosure of any other owner or occupant. If the parties do not agree, the value must <br />be ascertained by the fence viewers and stated in writing. If an owner or occupant fails to pay <br />within 60 days after the value is ascertained and a demand made, the owner of the fence may <br />recover the value and the cost of ascertaining it in a civil action. <br />History: (7260) RL s 2762; 1985 c 265 art 6 s 1 <br />344.14 VIEWERS WHEN FENCE ON TOWN LINE. <br />If a partition fence is to be built on a line between towns, or partly in one town and partly in <br />another, two supervisors, one from each town, shall be the fence viewers. <br />History: (7261) RL s 2763; 1985 c 265 art 6 s 1 <br />344.15 [Repealed, 1974 c 116 s 1 ] <br />344.16 DIVISION OR RECORDED AGREEMENT RUNS WITH THE LAND. <br />If the line upon which a partition fence is to be built between unimproved lands has <br />been divided by the fence viewers or by the recorded agreement of the parties, the several <br />landowners, and their heirs and assigns forever, shall erect and maintain fences in accordance <br />with the divisions. <br />History: (7263) RL s 2765; 1985 c 265 art 6 s I <br />344.17 FAILURE OF VIEWER TO PERFORM DUTY, PENALTY. <br />A fence viewer who unreasonably fails to perform a duty required by this chapter shall <br />forfeit $5 to the town or city and be liable to the injured party for all resulting damages. <br />History: (7264) RL s 2766; 1985 c 265 art 6 s I <br />Copyright Czi 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />