29-305. Failure to erect or maintain assigned part; recovery of cost and attorney's fee. If a party neglect or refuse to erect or maintain the part of the fence assigned him by the fence viewers, it may be erected and maintained by the aggrieved party in the manner before provided, and he shall be entitled to recover the ascertained cost thereof, with interest at the rate of one percent per month and a reasonable attorney's fee to be fixed and allowed by the court, by action in any court of competent jurisdiction; and the amount recovered, with costs, shall be a lien against the land chargeable with the same.
History: G.S. 1868, ch. 40, § 12; L. 1901, ch. 218, § 1; R.S. 1923, 29-305; L. 1949, ch. 270, § 4; 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.