When a particular enclosure has been divided and the parties cannot agree respecting the division of a fence belonging to the same, or when adjoining proprietors cannot agree respecting the division of an existing fence, and there is no record of any division of it, any of them may call out any two selectmen of the town where such fence is situated, or, if the same is in two towns, one from each town, who shall view such fence and make a division and award in favor of and against such parties such sums as they deem reasonable. Such award shall be in writing, signed by such selectmen, describing such division and limiting a time for the payment of the sums awarded, and, when recorded in the town or towns where such fence is situated, shall be final, and shall not be invalid in consequence of any inaccuracy, if the location of such division, the parties and the sums awarded can be understood.
(1949 Rev., S. 7163.)
Verbal agreements for dividing do not run with the land. 21 C. 342; 101 C. 290.
Cited. 4 Conn. Cir. Ct. 196, 199.
Structure Connecticut General Statutes
Title 47 - Land and Land Titles
Section 47-43. - Proprietors to maintain.
Section 47-44. - Compensation of selectmen for services as fence viewers.
Section 47-45. - Appointees to perform duties of selectmen as to fences.
Section 47-46. - Payment for fence between agricultural property and state highway.
Section 47-47. - Barbed wire between adjoining premises or enclosing grounds of public buildings.
Section 47-48. - Barbed wire along sidewalks.
Section 47-49. - Purchase of division fence.
Section 47-50. - Division of fence by selectmen.
Section 47-51. - Repair of division fence.
Section 47-52. - When dividing line is a stream.
Section 47-53. - Apportionment of division fence. Penalty.
Section 47-54. - Proceedings to obtain new division fence.