70-16-207. Occupant of land adjoining enclosure of another -- when required to share expense of partition fence. If any occupant of land adjoining the enclosure of another encloses the land, upon the enclosure of the other person, the occupant shall within 3 months build the occupant's proportion of the partition fence or refund to the owner of the fence an equal proportion of the value, at that time, of any partition fence of the adjoining occupant.
History: En. Sec. 1115, 5th Div. Comp. Stat. 1887; re-en. Sec. 3254, Pol. C. 1895; re-en. Sec. 2086, Rev. C. 1907; re-en. Sec. 6779, R.C.M. 1921; re-en. Sec. 6779, R.C.M. 1935; R.C.M. 1947, 67-804; amd. Sec. 2123, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 16. Rights and Obligations Incidental to Ownership in Real Property
Part 2. Adjoining Landowners and Boundaries -- Fences
70-16-201. Owner of land bounded by water
70-16-202. Owner of land bounded by road
70-16-203. Adjoining owner's right to lateral and subjacent support -- excavations
70-16-204. Trees on or near boundary
70-16-205. Monuments and fences -- mutual obligation of adjoining owners
70-16-206. Partition fences required -- adjoining lands previously enclosed
70-16-208. Partition fence when common occupancy ceases