State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter34 > 34-102

34-102. Division fence;adjoining landowners; constructand maintain just proportion of fence.(1)When there are two or more adjoining landowners, each of them shall constructand maintain a just proportion of the division fence between them. Just proportion means an equitable allocationof the portion of the fenceline to be physically constructed and maintainedby each landowner or, in lieu thereof, an equitable contribution to the coststo construct and maintain the division fence to be made by either landowner.Unless otherwise specified in statute or by agreement of the parties, suchequitable allocation shall be one which results in an equal burden of constructionand maintenance of the division fence. This section shall not be construedto compel the erection and maintenance of a division fence if neither of theadjoining landowners desires such division fence.(2) Unless the adjoining landowners have agreed otherwise,such fence shall be a wire fence as defined in subdivision (5) of section 34-115. SourceR.S.1866, c. 1, § 13, p. 8; R.S.1913, § 476; Laws 1919, c. 94, § 2, p. 237; C.S.1922, § 2418; C.S.1929, § 34-102; R.S.1943, § 34-102; Laws 2007, LB108, § 3; Laws 2010, LB667, § 2.Effective Date: July 15, 2010 Cross ReferencesGame and Parks Commission, division fence responsibilities, see section 37-1012. AnnotationsFailure of plaintiff to maintain just proportion of division fence did not justify or excuse trespass by defendant's cattle; this article provides remedy for defendant to compel plaintiff to maintain proportion of fence. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).A cause of action for contribution does not arise from the erection of a partition fence, in the absence of any agreement, unless the method provided by statute is followed. Burr v. Hamer, 12 Neb. 483, 11 N.W. 741 (1882).