Connecticut § 47-51 - Repair of division fence.

§ 47-51. Repair of division fence.

Sec. 47-51. Repair of division fence. If any person neglects to keep his division fence in repair, the party aggrieved may call on the selectmen to view it, who, if they find it insufficient, shall immediately give written notice thereof to the person bound to repair it, and shall also mail to the owner of any mortgage upon land which is partly bounded by the fence in question a written notice of an order to repair such fence. If none of the parties interested, to whom notice has been given, makes such repairs within fifteen days from the time of giving such notice, the party aggrieved may make such repairs and recover of the person bound to repair it double the cost of such repairs as estimated in writing by the selectmen and also the fees of such selectmen. Such sums shall constitute a lien upon such land against all persons interested therein, provided such lien shall be recorded in the office of the town clerk of the town in which such land is situated within sixty days from the time of completing such repairs. Such liens may be foreclosed in the manner provided for the foreclosure of mortgages.

(1949 Rev., S. 7160.)

Defendant's obligation to keep fence in repair must be averred. 15 C. 532. Fence viewers are the sole judges as to sufficiency of fence. 24 C. 277. Fence viewers are not judicial officers. Id.; 28 C. 604. Unnecessary to set forth in notice the particular defects; what notice is sufficient. 24 C. 277; 29 C. 421; Id., 431. Not necessary that notice should be given delinquent party of the time of meeting to estimate value of repairs. 28 C. 605; 101 C. 289. The 15 days given to repair run from time of serving notice; to what extent complainant, on neglect of the owner, may repair. 29 C. 431. Selectmen's order is void if fence is not a divisional fence; question may be raised for first time in Superior Court. 101 C. 288.

Cited. 4 Conn. Cir. Ct. 196, 199.