§ 300. Apportionment of division fence. Each owner of two adjoining
tracts of land, except when they otherwise agree, shall make and
maintain a just and equitable portion of the division fence between such
lands, unless both of said adjoining owners shall agree to let their
said lands lie open, along the division line, to the use of all animals
which may be lawfully upon the lands of either; provided, however, that
the owner of an adjoining tract of land who does not keep such animals
thereon within five years of the date of the erection or repair of a
division fence shall not be obligated or liable for erecting,
maintaining or repairing such a division fence under this article.
Unless otherwise agreed, an adjoining owner who erects or repairs a
division fence shall be entitled to recover from the owner of the other
adjoining tract, twenty percent of the proportionate cost thereof
otherwise ascribable to such other owner for each year or part thereof
in which the other adjoining tract is regularly used for keeping animals
occurring within five years of the date of such erection or repair. When
the adjoining lands shall border upon any of the navigable lakes,
streams or rivers of the state, the owners of the lands shall make and
maintain the division fence between them down to the line of low water
mark, in such lakes, streams or rivers except those lands which overflow
annually so as to be so submerged with water that no permanent fence can
be kept thereon, and known as low flat lands; and when adjoining lands
shall be bounded by a line between the banks of streams of water not
navigable, and the owners or occupants thereof cannot agree upon the
manner in which the division fence between them shall be maintained, the
fence viewers of the town shall direct upon which bank of the stream,
and where the division fence shall be located, and the portion to be
kept and maintained by each adjoining owner.