The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, 1881-05-10
Sbe SIoomtirlD Sin'es.
HOUSE, FARM AND GARDEN
The Law Of Division Fences.


tain valuable article on EARN Fences
and Ways Over the Farm" an advance
copy of which has been received through
the courtesy of Thomas j. Edge, secre-
tary of the State Board. 1t goes into
the legal aspect of the case very thor
oughly, and gives the former and exist
ing legislation on this subject. There Is
good deal of confusion in the minds
of the average agriculturalists as to his
individual rights and his duties towards
his neighbors.
Partition fences are expressly provid-
ed for by a statute passed March IL,
1912, which provides "that when any
persons shall improve lands adjacent to
each other, or when any person shall
enclose any lands adjoining anothr's
land already fenced in, so that any part
of the first PERSONS fence becomes the
partition fence between them, in both
these cases the charge of such division
fence, so far as it enclosed on both
sides, shall be equally borne and main
tanned by both parties"
L lie same dCJ Uldh6 ln6 tIulIOIS vi
the township, fence viewers, who, upon
due notice shall examine such fences
and state in writing whether, in their
opinion, the fence of one already built
is sufficient, and, if not, what portion of
the expense of building new one
or repairing the old one shall be borne
by the several parties. The opinion of
the viewers is to be delivered in writing
and if after ten days either of the par
ties refuse to comply with its provisions
the aggrieved party has the right to
build or repair it, and bring suit against
the delinquent before any justice of the
peace or alderman for the labor and
material. If, therefore, one farmer does
not keep his part of the line fence in
good order, he cannot recover damages
if his neighbours cattle trespass, as he
suffers through his own neglect
When, however, the cattle of one
farmer escape through the defective
fence of his neighbor and trespass upon
the lands of a third party, the latter
can recover against the first, even tho
the fences of the first are good, as at
common law man is bound to keep
his cattle on his own land. The only
recourse in such case is against the
neighbor through whose negligence
ed into public highway, or if through
the neglect of a passer-by bars are let
down and the cattle escape into the road
and wander upon the lands of others,
the owner is responsible for the damage
they may cause. When, however, cattle
are driven along public road and they
run upon the lands of another without
any fault of the owner, and the latter
drives them off as soon as he can, he is
not liable for damages, because every
one has right to transact legitimate
business on the highways.
Under the provisions of the act of
100, still in force, it has been held that
unless cultivated lands are properly en-
closed the owner cannot maintain tres
pass for damages. The owner of i'm
proved lands must protect them against
the rowing cattle of his neighbors, other
wise he has no legal recourse. In this
State fences are required to be not less
than five feet high, of rail or logs, and
sufficiently closed at the bottom. 70
recover damages it is only necessary to
have the testimony of practical men
that the fence is sufficient.
When the owners of adjoining prop
critics cannot agree about erecting di-
vision fences they are mutually liable
for the trespass of their cattle. Where
a division fence has stood for twenty
one years it can only be removed by
the consent of the joint owners, and
neither party strange to say, has
any ownership in the material of the
part erected by himself. One of the
owners of unimproved land cannot ask
the other to contribute to the cost OF
putting up a division fence. The obli-
cation to erect division fences exists on
ly where the lands of both parties is
improved, as it would be unjust to the
owner of unimproved land to compel
him to assist in protecting that of his
neighbor while he derived no benefit
from the transaction himself. No man
however, is compelled by law to build a
fence on the dividing line between HIM
self and his neighbor. He can, if he
prefers, build fence of his own but he
must build it entirely on his own land
must retain and keep it in repair, and
If his cattle breaks through and trespass
on the land of another he is liable for
damages. Where division lines pass
through wooded lands, neither owner
is obliged to put up fence.
Railroad companies are not required
to fence their roads, neither are they
liable to the owners for stray cattle that
may be killed. Even though cattle es-
cape from a properly enclosed lot and
are killed. the railroads are not liable.