§664-24  Pasturage in lieu of fences. 
In case the court finds it to be inequitable or inexpedient to establish a
fence between adjoining lands, either because of the nature or situation of the
lands, the shortness of the unexpired term of a lease or agreement, the
scarcity of fencing materials, or the conflicting rights of the parties; it
may, if the lands are grazing lands, in lieu of fencing, decide how many
animals each owner, lessee, or occupant shall be at liberty to pasture upon the
owner's, lessee's, or occupant's land under a penalty to be specified in the
decree. [L 1931, c 101, §4; RL 1935, §3674; am L 1935, c 52, §3; RL 1945,
§10215; RL 1955, §234-23; HRS §664-24; am L 1972, c 90, §6(i); gen ch 1985]



 



Case Notes



 



  Expensiveness of fence contemplated in comparison with value
of land or poverty of one landowner does not render erection of fence
"inexpedient".  4 H. 255.