Subdivision 1. Legal and sufficient fences. The following are legal and sufficient fences:
(a) fences consisting of at least 32-inch woven wire and two barbed wires firmly fastened to well-set posts not more than one rod apart, the first barbed wire being above and not more than four inches from the woven wire and the second barbed wire being above and not more than eight inches from the first wire;
(b) fences consisting of at least 40-inch woven wire and one barbed wire firmly fastened to well-set posts not more than one rod apart, the barbed wire being above and not more than four inches from the woven wire;
(c) fences consisting of woven wire at least 48 inches in height, and one barbed wire not more than four inches above the woven wire firmly fastened to well-set posts not more than one rod apart;
(d) fences consisting of at least four barbed wires with at least 40 barbs to the rod, the wires firmly fastened to posts not more than one rod apart, the top wire not more than 48 inches high and the bottom wire 12 to 16 inches from the ground; and
(e) fences consisting of rails, timbers, wires, boards, stone walls, or any combination of those materials, or streams, lakes, ditches, or hedges, which are considered by the fence viewers as equivalent to any of the fences listed in this subdivision.
Subd. 2. Determination of kind of fence. If adjoining land owners disagree as to the kind of fence to be built on any division line, the matter must be referred to the fence viewers, who shall determine what kind of fence should be built on the line and order it built.
Subd. 3. Special case. If the lands of two persons adjoin and the land of one is enclosed by a woven wire fence on all sides except the side forming a division line between the lands, each person shall erect and maintain a fence along one-half the total length of the division line. The fences must be similar in character and quality.
(7249) RL s 2749; 1915 c 282; 1917 c 408 s 1; 1985 c 265 art 6 s 1
Structure Minnesota Statutes
Chapters 343 - 348 — Animals And Property
Chapter 344 — Partition Fences
Section 344.01 — Fence Viewers.
Section 344.02 — Kinds Of Partition Fences.
Section 344.03 — Expense; Equal Shares.
Section 344.04 — Failure To Build Or Repair; Rights Of Complainant.
Section 344.05 — Repair Costs Recoverable.
Section 344.06 — Controversy; Decision By Fence Viewers.
Section 344.07 — Failure To Erect Or Maintain.
Section 344.08 — Recorded Division; Binding On Heirs And Assigns.
Section 344.09 — Party Erecting More Than Share.
Section 344.10 — Lands Bounded By Stream.
Section 344.11 — Lands Occupied In Common.
Section 344.12 — Viewers To Fix Time For Building.
Section 344.13 — Lands First Enclosed.
Section 344.14 — Viewers When Fence On Town Line.
Section 344.16 — Division Or Recorded Agreement Runs With The Land.
Section 344.17 — Failure Of Viewer To Perform Duty; Penalty.
Section 344.18 — Compensation Of Viewers.
Section 344.19 — Viewers In Counties Not Organized Into Towns.