The person who built the party fence may remove it at pleasure, if the owner of the adjoining land will not pay his proportion thereof; and although the proprietor of any land may desire to retain any fence built by him on a line which divides his land from that of another person, as a private fence, yet that other person may adopt the same as a party fence by paying his proportion of the value thereof; and if the value cannot be agreed upon by the parties, the person desiring to adopt the fence may apply to a justice of the peace to appoint freeholders to assess the proportion that should be paid, as in other cases.
Structure Mississippi Code
Title 89 - Real and Personal Property
§ 89-13-1. Adjoining owners to contribute
§ 89-13-3. Enforcement of contribution
§ 89-13-5. Enforcement of contribution; notice and proceedings
§ 89-13-7. Enforcement of contribution; action for amount assessed
§ 89-13-9. Enforcement of contribution; costs
§ 89-13-11. Contribution where fence already built
§ 89-13-13. Contribution to keep fence in repair
§ 89-13-15. Ownership of party fence; fence not to be removed
§ 89-13-17. Departure from line
§ 89-13-19. Removal and abandonment of party fence
§ 89-13-21. Sale of land; lessee or owner to contribute
§ 89-13-23. Fence removed if not paid for, and adopted by paying proportion of value