Colorado § 35-46-112 - Partition fences.
Full text of Colorado Colorado Revised Statutes § 35-46-112 — Partition fences., with citation guidance and answers to common questions.
§ 35-46-112. Partition fences.
Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each tract to build one-half of the line fence, such fence to be a lawful fence as described in section 35-46-101. When the owner or tenant of any agricultural or grazing lands owns a previously erected lawful fence upon any line between such land and the agricultural or grazing lands of any other person, and such other person or anyone holding under such person, occupies the adjoining land, it is the duty of such owner to pay the person owning such fence one-half of its cash value.
Source: L. 1885: p. 221, § 4. R.S. 08: § 2590. L. 17: p. 344, § 4. C.L. § 3156. CSA: C. 160, § 59. L. 53: p. 588, § 4. CRS 53: § 8-13-13. C.R.S. 1963: § 8-13-13.
ANNOTATION
Fence erected 10 feet inside line cannot be regarded as built in compliance with this section. Maudlin v. Hanscombe, 12 Colo. 204, 20 P. 619 (1888).
Party who builds fence cannot charge neighbor for contribution. Where both adjoining pasture premises are in occupancy and no partition fence exists, no provision of this section gives to one of the parties, who may elect to build the entire line fence, any right to recover involuntary contributions from his neighbor who has deferred the performance of his inchoate statutory duty: Section 35-46-113 alone provides machinery for the imposition of a statutory liability upon a noncooperating party. Mosher v. Schumm, 114 Colo. 441, 166 P.2d 559 (1946).
Frequently Asked Questions About Colorado § 35-46-112
What does Colorado Revised Statutes § 35-46-112 cover?
Section 35-46-112 ("Partition fences.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 35-46-112?
A common citation format is "Colorado Revised Statutes § 35-46-112" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 35-46-112 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.