North Dakota Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half

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Multi-State
Control #:
US-00945BG
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Word; 
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Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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FAQ

Residential Districts ? no fence shall be more than seven (7) feet in height in any rear or side yard or four (4) feet in height in any front yard; provided further that on a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision within the site triangle ...

An easement is a limited right of use over the property of another. Easements may be established by grant or reservation and may be affirmative or negative, appurtenant or in gross, and express or implied. South Dakota law also recognizes easements by prescription.

Minnesota Statutes, Chapter 344 Minnesota partition fence law requires neighboring owners or occupants of ?improved and used? land to contribute in equal shares to the cost of building and maintaining a partition fence between their lands if either owner wants to fence the land.

Tree Trimming North Dakota law recognizes a property owner's right to "self help" by trimming encroaching tree branches up to the property line. But, if a landowner causes damage to a neighbor's tree in exercising this right, they may be liable for this injury.

Hole diameter is required to be 8? larger than the post ? Hole depth is to be 42? ? Place post on six inches of drain rock ? Pour concrete around post. Taper top to drain water away (see detail). Wood shall be either pressure treated, redwood, or cedar.

Criminal trespass--Violation as misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.

Does South Dakota have an open range law? For many years, certain portions of South Dakota were designated as "open range." Those specific laws allowed for cattle to range without fences. Those laws were fully repealed in 1980. I hear the term "open range" used in connec- tion with motor vehicle accidents.

Unless adjoining landowners otherwise agree, all landowners are liable for one-half of the expense of erecting and maintaining a partition fence between adjoining lands. Each landowner must build the half of the fence that is on the right-hand side when they stand on their own land, facing the property line.

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North Dakota Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half