70-16-209. Repair or rebuilding of partition fences. If a person neglects or refuses to repair or rebuild any partition fence that by law the person ought to build or maintain, the occupant of the adjoining land may, after giving 60 days' notice that a new fence should be erected or 5 days' notice in writing that the repairing of the fence is necessary, build or repair the fence at the expense of the party neglecting or refusing. The amount expended may be recovered from the neglecting or refusing party after receipt of the notice, and the neglecting or refusing party is liable to the party injured for all damages sustained by the neglect or refusal.
History: En. Sec. 1118, 5th Div. Comp. Stat. 1887; re-en. Sec. 3257, Pol. C. 1895; re-en. Sec. 2089, Rev. C. 1907; re-en. Sec. 6782, R.C.M. 1921; re-en. Sec. 6782, R.C.M. 1935; R.C.M. 1947, 67-807; amd. Sec. 2125, 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