If a dispute arises between the owners of adjoining lands concerning the proportion or particular part of a fence to be built or maintained by either of them, or the amount to be paid by one party to the other for any fence already built or maintained, either party may proceed by civil action in a magistrate or circuit court, as shall have jurisdiction of the amount or value in controversy, within the county in which any portion of the partition built or to be built, is or is to be located, to determine the amount to be paid by one party to the other for the just proportion of the costs of any construction, repair or maintenance of the partition fence. The person who is required to share in the cost of the construction, repair or maintenance of the partition fence shall not be liable for more than one half of the cost of the construction, repair or maintenance of a fence which meets the standards of subdivision (e), section one of this article.
Structure West Virginia Code
§19-17-1. Definition of Lawful Fence
§19-17-2. Rivers and Streams as Lawful Fences; Establishment or Discontinuance
§19-17-4. Partition Fence; Liability for Trespass of Animals
§19-17-5. Apportionment of Construction and Maintenance of Partition Fence
§19-17-6. Sharing Cost of Constructed Fences
§19-17-7. Notice of Intention to Build or Repair Partition Fence; Answer
§19-17-8. Disputes Relating to Partition Fences