Kansas Statutes

Chapter 29: Fences

Article 4: Miscellaneous Provisions

Statutes:

• 29-401: Liability for neglect to maintain or repair portion of partition fences.
• 29-402: Domestic animals breaking into enclosure.
• 29-403: Assessment of damages by fence viewers.
• 29-404: Recovery by civil action of damages assessed; attorney's fee.
• 29-405: Fence not of proper height or kind; costs.
• 29-406: Removal of fence built upon land of another by mistake; damages.
• 29-407: Limitations on removal.
• 29-408: Taking trespassing animals into possession.
• 29-409: Cruelty to domestic animals; damages.
• 29-410 to 29-418:
• 29-419:
• 29-420:
• 29-421:
• 29-422, 29-423:

• 29-401: Liability for neglect to maintain or repair portion of partition fences. If any person liable to contribute to the erection of a partition fence shall neglect or refuse to make and maintain his proportion of such fence, or shall permit the same to be out of repair, he shall not be allowed to have and maintain any action for damages incurred, but shall be liable to pay to the party injured all such damages as shall accrue to his lands and the crops, fruit trees and shrubbery thereon, and fixtures connected with the said land, such damage to be assessed by the fence viewers, on application of the party injured, one day's notice in writing having been first given to the party liable, either by delivering to him personally or by copy left at his usual place of abode, that such application for assessment of damages had been made, and the time when the fence viewers would attend to make such assessment.

        History:   G.S. 1868, ch. 40, § 26; Oct. 31; R.S. 1923, 29-401.

• 29-402: Domestic animals breaking into enclosure. If any horse, mule or ass, or any neat cattle, hogs or sheep, or other domestic animals, shall break into any enclosure, and the owner or occupant thereof shall consider himself aggrieved thereby, such person may apply to the fence viewers of the township in which such enclosure may be situate, having first given at least one day's notice, in writing, to the owner or keeper of such trespassing animal, if known to him, or by leaving a written notice at the place of abode of such person, of his intended application, and also of the time when the fence viewers will attend to examine the fence and investigate the subject of damages; and the said fence viewers shall forthwith repair to the place where such injury shall have been done, and there diligently examine the fence over or through which such trespassing animal shall have broken or entered into any such enclosure.

        History:   G.S. 1868, ch. 40, § 27; Oct. 31; R.S. 1923, 29-402.

• 29-403: Assessment of damages by fence viewers. If in the opinion of said fence viewers such fence is a good and sufficient fence, according to the provisions of this act, they shall proceed, upon view and inquiry, to assess the damages sustained by such applicant from such trespassing animal or animals; which assessment, including the sum due for their services, they shall make out and certify, in writing, subscribe their names thereto, and deliver the same to the person sustaining such damage; and all expenses of the view shall be borne equally between the parties interested, except in case of a view to appraise damages for neglect or refusal to make or maintain a just proportion of a division fence, in which case the costs of view shall be paid by the party in default, to be recovered as a part of the damages assessed.

        History:   G.S. 1868, ch. 40, § 28; Oct. 31; R.S. 1923, 29-403.

• 29-404: Recovery by civil action of damages assessed; attorney's fee. If any party against whom damages shall be assessed by the fence viewers under the provisions of this act shall fail or refuse to pay the damages so assessed, after the same shall have been demanded, and after receiving a copy of such assessment made by the fence viewers as aforesaid, the same may be recovered by civil action in any court of competent jurisdiction; and in all such actions the assessments of the fence viewers, subscribed by them, shall be received in all courts as prima facie evidence of the amount of damages actually sustained by the party in whose favor given and in all such actions the court shall fix and allow to the prevailing party a reasonable attorney's fee.

        History:   G.S. 1868, ch. 40, § 29; R.S. 1923, 29-404; L. 1949, ch. 270, § 7; July 1.

• 29-405: Fence not of proper height or kind; costs. If the fence viewers shall be of opinion that such fence is not of the height and sufficiency required by this act, the person calling upon them to examine the same shall pay all the costs of such view and examination, to be recovered in a civil action in the name of the said fence viewers, with costs of suit, in the district court of the county in which the defendant may reside.

        History:   G.S. 1868, ch. 40, § 30; R.S. 1923, 29-405; L. 1977, ch. 105, § 12; July 1.

• 29-406: Removal of fence built upon land of another by mistake; damages. When a person has made a fence on an enclosure which afterwards, on making division lines, is found to be on lands of another, and the same has occurred through mistake, such first person may enter upon the land of the other and remove his fence and material within six months after such line has been run, upon his first paying or offering to pay the other party for any damages to the soil which may be occasioned thereby; and when the parties cannot agree as to the damage, the fence viewers may determine it as in other cases.

        History:   G.S. 1868, ch. 40, § 31; Oct. 31; R.S. 1923, 29-406.

• 29-407: Limitations on removal. But such fence shall not be removed, if it was made of timber or other material taken from the land on which it is built, until the party pays to the owner of the land the value of the timber or other material, to be ascertained by the fence viewers; nor shall a fence be removed at a time when the removal will throw open or expose the crop of the other party, but it shall be removed within a reasonable time after the crop is secured, although the six months above specified have passed.

        History:   G.S. 1868, ch. 40, § 32; Oct. 31; R.S. 1923, 29-407.

• 29-408: Taking trespassing animals into possession. If any of the animals mentioned in this act break free of their lawful enclosure, and trespass on land owned by another person, the owner or occupant of the land may take into possession such animal trespassing, and keep the same until damages, with reasonable charges for feeding and keeping, and all costs of suit, be paid, to be recovered in any court of competent jurisdiction.

        History:   G.S. 1868, ch. 40, § 33; R.S. 1923, 29-408; L. 1986, ch. 195, § 8; July 1.

• 29-409: Cruelty to domestic animals; damages. If any person or corporation shall hurt, wound, kill, lame or destroy, or cause to be hurt, wounded, killed, lamed or destroyed, by running over or against, shooting, worrying with dogs, or otherwise, any of the animals mentioned in this act, when such animals are upon premises which are not enclosed with a sufficient fence as prescribed in this act, or when any such animals are upon the unenclosed premises of any such person or corporation, such person or corporation so offending shall satisfy and pay the owner of any such animal or animals full damages therefor, with costs.

        History:   G.S. 1868, ch. 40, § 34; Oct. 31; R.S. 1923, 29-409.

• 29-410 to 29-418:

        History:   G.S. 1868, ch. 40, pp. 496 to 498, §§ 1 to 9; R.S. 1923, 29-410 to 29-418; Repealed, L. 1986, ch. 195, § 9; July 1.

• 29-419:

        History:   L. 1897, ch. 95, § 1; R.S. 1923, 29-419; L. 1927, ch. 219, § 1; Repealed, L. 1986, ch. 195, § 9; July 1.

• 29-420:

        History:   R.S. 1923, 29-420; Repealed, L. 1986, ch. 195, § 9; July 1.

• 29-421:

        History:   R.S. 1923, 29-421; Repealed, L. 1986, ch. 195, § 9; July 1.

• 29-422, 29-423:

        History:   L. 1897, ch. 95, §§ 5, 6; R.S. 1923, 29-422, 29-423; Repealed, L. 1986, ch. 195, § 9; July 1.