44-8-210 - Disclaiming responsibility for fence erection Definitions. - Tennessee Statutes

44-8-210. Disclaiming responsibility for fence erection Definitions.

(a)  In cases when the property on one (1) side of an existing or proposed partition fence is agricultural land, and the property on the other side is non-agricultural land, the owner of the non-agricultural land may disclaim any responsibility for the erection or maintenance of a partition fence pursuant to § 44-8-202. Such disclaimer shall be in writing, executed by the non-agricultural land owner and mailed to the owner of the agricultural land by registered mail, return receipt requested, or sent by some other means pursuant to which a written verification of receipt is obtained. The disclaimer shall be effective on the date of receipt by the owner of the agricultural land.

(b)  Delivery of the disclaimer as described in subsection (a) shall have the effect of:

     (1)  Relieving the owner of the non-agricultural land of any responsibility to erect or maintain a partition fence pursuant to § 44-8-202; and

     (2)  Releasing the owner of the agricultural land from any claims by the owner of the non-agricultural land arising out of the non-existence or condition of a partition fence.

(c)  As used in this section, unless the context otherwise requires:

     (1)  “Agricultural land” has the same meaning as set forth in § 67-5-1004; and

     (2)  “Non-agricultural land” means land:

          (A)  That is not agricultural land;

          (B)  That is the site of a residence; and

          (C)  On which the owner does not keep livestock.

(d)  (1)  If property that meets the definition of non-agricultural land at the time of delivery of a disclaimer as described in subsection (a) subsequently ceases to qualify as non-agricultural land, then the disclaimer, and all effects of the disclaimer as described in subsection (b), shall cease to be effective as of the date property ceases to be non-agricultural property.

     (2)  If a fence is erected by the owner of agricultural land during a period when a disclaimer as described in subsection (a) is in effect, and if the land owned by the disclaiming party subsequently ceases to be qualified as non-agricultural land, then the owner of the non-agricultural land shall reimburse the owner of the agricultural land a proportionate share of the cost of erecting the fence. If the parties cannot agree as to the amount to be paid to the owner of the agricultural land, the process described in § 44-8-204 shall be applicable.

[Acts 1999, ch. 266, § 2.]