29-303. Complainant may repair or rebuild, when; recovery; attorney's fee. If such fence be not repaired or rebuilt accordingly, the complainant may repair or rebuild it, and the same being adjudged sufficient by the fence viewers, and the value thereof, with their fees, being ascertained by them and certified under their hands, the complainant may demand of the owner of the land where the fence was deficient, the sum so ascertained; and in case of neglect to pay the same for one month after written demand, may recover it, with interest at the rate of one percent per month, by action in any court of competent jurisdiction. In any such action the court shall allow the prevailing party a reasonable sum for attorney's fee.
History: G.S. 1868, ch. 40, § 10; R.S. 1923, 29-303; L. 1949, ch. 270, § 3; July 1.
Structure Kansas Statutes
29-302 Neglect to repair or rebuild.
29-303 Complainant may repair or rebuild, when; recovery; attorney's fee.
29-304 Controversies; settlement by fence viewers.
29-305 Failure to erect or maintain assigned part; recovery of cost and attorney's fee.
29-306 Assignment of viewers; agreement between owners of adjoining land; recordation.
29-307 Party building more than his share.
29-308 Partition fences to be kept in good repair.
29-309 What occupants not required to contribute towards partition fence.
29-310 Proceedings when one common owner desires to occupy land in severalty.
29-312 Rights of party not improving land adjoining partition fence.
29-313 Owner enclosing his unenclosed land shall pay for one half of partition fence.
29-314 Fence on boundary line between counties; viewers.
29-315 Owner defined; notice; liability to tenant or occupant.
29-316 Fence may be built on partition line; removal.