Nebraska Statutes 34-102. Division fence;adjoining landowners; constructand maintain just proportion of fence
(1) When there are two or more adjoining landowners, each of them shall construct and maintain a just proportion of the division fence between them. Just proportion means an equitable allocation of the portion of the fenceline to be physically constructed and maintained by each landowner or, in lieu thereof, an equitable contribution to the costs to construct and maintain the division fence to be made by either landowner. Unless otherwise specified in statute or by agreement of the parties, such equitable allocation shall be one which results in an equal burden of construction and maintenance of the division fence. This section shall not be construed to compel the erection and maintenance of a division fence if neither of the adjoining landowners desires such division fence.
Terms Used In Nebraska Statutes 34-102
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Statute: A law passed by a legislature.
(2) Unless the adjoining landowners have agreed otherwise, such fence shall be a wire fence as defined in subdivision (5) of section 34-115.
Source
- R.S.1866, c. 1, § 13, p. 8;
- R.S.1913, § 476;
- Laws 1919, c. 94, § 2, p. 237;
- C.S.1922, § 2418;
- C.S.1929, § 34-102;
- R.S.1943, § 34-102;
- Laws 2007, LB108, § 3;
- Laws 2010, LB667, § 2.