29-310. Proceedings when one common owner desires to occupy land in severalty. - Kansas Statutes

29-310

Chapter 29.--FENCES Article 3.--PARTITION FENCES

      29-310.   Proceedings when one common owner desires to occupy land inseveralty.When lands owned in severalty have been enclosed in common without apartition fence, and one of the owners is desirous to occupy his land inseveralty and the other refuses or neglects, on demand, to divide the linewhere the fence should be built, or to build a sufficient fence on his partof the line when divided, the party desiring it may notify the fenceviewers who shall give written notice to both owners that unless saidowners agree on the erection of said fence, the viewers will, in not lessthan twenty nor more than 40 days, divide and assign said line and, inwriting, assign a reasonable time (having regard to the season of the year)for making the fence; and if either party neglect to comply with thedecision of the viewers within the time assigned, the other party, aftermaking his own part, may make the other part, and recover the ascertainedvalue thereof, with interest at the rate of one percent per month, togetherwith the fees of the fence viewers as above provided and a reasonableattorney's fee to be fixed and allowed by the court.

      History:   G.S. 1868, ch. 40, § 17; R.S. 1923, 29-310; L. 1949, ch. 270, § 5;July 1.