§ 34-10-1. Lawful fences defined.
The following fences shall be adjudged to be lawful fences:
(1) A hedge with a ditch shall be three feet (3′) high upon the bank of the ditch, well staked, at the distance of two feet and a half (2½′), bound together at the top and sufficiently filled to prevent small stock from creeping through; and the bank of the ditch shall not be less than one foot (1′) above the surface of the ground.
(2) A hedge without a ditch shall be four feet (4′) high, staked, bound and filled, as a hedge with a ditch.
(3) A post-and-rail fence on the bank of a ditch shall be four (4) rails high, each well set in posts, and not less than four feet and a half (4½′) high.
(4) A stone wall fence shall be four feet (4′) high, with a flat stone hanging over the top thereof or a good rail or pole thereon, well staked or secured with crotches or posts.
(5) A stone wall without flat stones, rails or posts on the top, shall be four feet and a half (4½′) high.
(6) A woven wire fence of wire not less than number nine, firmly fastened to posts not more than sixteen feet (16′) apart, constructed of not less than eleven (11) horizontal wires, the top wire not less than fifty-four inches (54″) from the ground, the bottom wire not more than two inches (2″) from the ground and with stays or uprights not more than six inches (6″) apart.
(7) All other kinds of fences not herein particularly described shall be four feet and a half (4½′) high.
History of Section.G.L. 1896, ch. 126, § 1; G.L. 1909, ch. 152, § 1; P.L. 1916, ch. 1386, § 1; G.L. 1923, ch. 182, § 1; G.L. 1938, ch. 645, § 1; G.L. 1956, § 34-10-1.
Structure Rhode Island General Laws
Section 34-10-1. - Lawful fences defined.
Section 34-10-2. - Consent of adjoining owner to barbed-wire fence.
Section 34-10-3. - Removal of barbed-wire fence.
Section 34-10-4. - Expense of removal of barbed-wire fence.
Section 34-10-5. - Barbed-wire fences through woodland — Fences existing before 1906.
Section 34-10-6. - Maintenance of water fences.
Section 34-10-7. - Marshland exempt.
Section 34-10-8. - Remedies of marshland owner to trespass.
Section 34-10-9. - Placement of partition fences — Maintenance throughout year.
Section 34-10-10. - Partition fences between lands under improvement.
Section 34-10-11. - Partition fences between improved and unimproved lands.
Section 34-10-12. - Payment for previously constructed fence.
Section 34-10-13. - Viewing and division of fence — Award of cost.
Section 34-10-14. - Holding and improving partition fences — Agreements between owners.
Section 34-10-15. - Complaint of neglect to maintain fence.
Section 34-10-16. - Construction or repair of fence by complainant — Action for cost and penalties.
Section 34-10-17. - Settlement of controversies by viewer.
Section 34-10-18. - Viewer’s fees.