Delaware § 1306 - Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws.
Full text of Delaware Delaware Code § 1306 — Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws., with citation guidance and answers to common questions.
§ 1306. Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws.
(a) The adjoining owners or possessors of embanked marshes or meadows shall be obliged to join in cutting division ditches at least 8 feet wide and 21/2 feet deep, and in making fences at least 2 feet high within 1 foot of the edge of the ditches, at their common cost. The division ditches shall be well cleansed at least once a year and the fences kept in good repair, and they shall be deemed lawful fences.
(b) If any owner or possessor refuses or neglects to join in making the ditch and fence, or to keep the ditch in good order and repair, the adjoining owner or possessor may make or cleanse and repair the same, and may recover the proportion of the cost thereof as the fence-viewers determine the party neglecting ought to pay.
(c) A guardian shall be allowed any sum so expended or paid for that guardian’s ward, and a lessee or tenant may deduct the same from the lessee’s or tenant’s rent, unless otherwise stipulated by the contract. This section shall not be construed to repeal any special law respecting the improvement of marsh or meadow whereby any other provision is made concerning dividing ditches or fences.
Code 1852, §§ 1008-1010; Code 1915, § 3629; Code 1935, § 4178; 25 Del. C. 1953, § 1306; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 92;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 1306
What does Delaware Code § 1306 cover?
Section 1306 ("Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws.") 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 § 1306?
A common citation format is "Delaware Code § 1306" (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 § 1306 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.