Delaware § 1304 - Maintenance of partition fences; liability for enclosure of another’s lands.
Full text of Delaware Delaware Code § 1304 — Maintenance of partition fences; liability for enclosure of another’s lands., with citation guidance and answers to common questions.
§ 1304. Maintenance of partition fences; liability for enclosure of another’s lands.
(a) The respective occupants of lands enclosed by fences shall maintain partition fences between them in equal shares, as long as both parties continue to improve the same.
(b) Where any person encloses land adjoining another’s enclosed land, so that any part of the fence, or fence and ditch, or hedge and ditch, or wall, already made, becomes a partition fence, the fence-viewers shall determine what sum shall be paid by the one to the other, and the fence shall then be maintained by the parties equally.
Code 1852, §§ 1005, 1006; Code 1915, § 3627; Code 1935, § 4176; 25 Del. C. 1953, § 1304;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 1304
What does Delaware Code § 1304 cover?
Section 1304 ("Maintenance of partition fences; liability for enclosure of another’s lands.") is part of the Delaware Code, the codified statutory law of Delaware. 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 Delaware § 1304?
A common citation format is "Delaware Code § 1304" (Delaware). 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 Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 1304 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware 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 Delaware.