35-107. PROHIBITION AGAINST REMOVAL. When one (1) party ceases to improve his land, or open his inclosure, he must not take away any part of the partition fence belonging to him and adjoining the next inclosure, if the owner or occupant of such adjoining inclosure will, within two (2) months, after the same is ascertained, pay therefor such sum as is agreed upon by the parties, or, if failing to agree, then such sum as may be adjudged by viewers as provided in the last section; nor must such partition fence be removed when by so doing it will expose to destruction any crops in such inclosures.
History:
[(35-107) 1885, p. 118, sec. 4; am. R.S., sec. 1306; reen. R.C. & C.L., sec. 1270; C.S., sec. 1962; I.C.A., sec. 34-107.]
Structure Idaho Code
Section 35-101 - LAWFUL FENCES IN GENERAL.
Section 35-102 - LAWFUL FENCES DESCRIBED.
Section 35-103 - ERECTION OF PARTITION FENCES.
Section 35-104 - CARE OF FENCES BY ADJOINING OWNERS.
Section 35-105 - USE OF DIVISION FENCE IN MAKING INCLOSURE.
Section 35-106 - DISAGREEMENT BETWEEN OWNERS — VIEWERS.
Section 35-107 - PROHIBITION AGAINST REMOVAL.
Section 35-108 - REMOVAL OF FENCE BUILT BY MISTAKE.
Section 35-109 - RESTRICTIONS ON OCCUPANT’S RIGHT TO REMOVE FENCE.
Section 35-110 - SURVEY OF LINE.