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3801. Sufficient fences
Fences four and one-half feet high, in good repair and so constructed as to prevent the
escape of sheep, and any natural barrier equivalent to such fence shall be deemed
sufficient, except fences on the sides of highways which the owners of land are not bound
to make and maintain. Occupied land bordering upon highways shall be deemed to be the
enclosure of the owner or occupant. A person driving cattle, sheep, swine or other stock
upon a highway, and exercising reasonable care, shall not be liable for damages by reason
of the escape of such animals into an enclosure adjoining the highway, unless the fence
between the highway and the enclosure is a sufficient fence within the meaning of this
section.
3802. Maintenance
Owners or occupants of adjoining lands, where the lands of both parties are occupied,
shall make and maintain equal
portions of the division fence between their respective lands. The owner of unimproved and
unoccupied land adjoining occupied land of another person shall make his proportion of a
fence between such lands unless the selectmen of the town where the improved land lies, on
request of either party, and on reasonable notice by the selectmen to parties interested,
decide that such owner ought not to be compelled to make any part of such fence. The
decision of the selectmen in such case shall be recorded in the town clerk's office and
shall be final between the parties. The selectmen shall receive for their services the
fees of fence viewers.
3803. -- When part of land unoccupied
When the selectmen decide that the owner of the unoccupied land is not bound to make a
part of the fence, the owner of the occupied land may make the whole or such part as is
necessary to protect himself. When the other owner occupies the adjoining land so as to be
benefited by such fence, he shall pay to the person so making it, for his equal portion
thereof, its value at the time.
3804. Pasturing land without division fence
When the lands of two or more individuals are lying without division fence, neither party
shall put horses, cattle, sheep,
swine or other animals thereon to pasture or to run at large, until they agree to occupy
the lands without division fence and in common. When they cannot agree, upon application
of either party and notice to the opposite party, the fence viewers shall determine the
number of animals each party may put upon such lands. When recorded in the office of the
town clerk, the decision of the fence viewers shall be final.
3805. When fence cannot be made on line
When the dividing line between lands is so situated that a fence cannot be made thereon by
reason of water, or otherwise,
and the owners cannot agree on a place to make the same, either party may apply to the
fence viewers. After giving reasonable notice to the opposite party, such fence viewers
shall determine where the fence shall be made, how much and what part each shall make and
maintain, and such decision shall be final.
3806. -- Fence viewers to locate; effect
In such case, the fence viewers shall establish the line of the fence as near the line
between the lands as, in their opinion, is practicable. Each owner of the land, at the
time of such division of the fence, shall ever after be deemed in possession of that
portion of his land enclosed with that of the other owner in consequence of the division.
If disagreement arises in relation to the occupancy of such lands, the same shall be
determined by the fence viewers, who shall decide such matter of disagreement on the
application of either party and after suitable notice is given to the opposite party.
3807. Damage by straying animals
When the lands of two or more individuals are so situated that none of them are compelled
to make and maintain a fence on the dividing line between their land by reason of open or
unoccupied lands or highways lying between, each owner or keeper shall be liable for the
damages done on the occupied lands of others by an animal straying from his lands and
being taken on such occupied lands. Such damages may be recovered in an action of tort on
this statute.
3808. Liability of person bound to build fence
When a person bound to support a portion of the division fence does not make or maintain
his portion, he shall be liable for damages done to or suffered by the opposite party in
consequence of such neglect. An owner or occupant of adjoining lands, after ten days from
the time notice is given to the opposite party, may make or put in repair the fence and
recover from the opposite party damages arising from the neglect, with the expense of
building or repairing the fence. Actions under this section may be brought before a
district court when the amount claimed does not exceed $ 200.00.
3809. Sudden destruction of fence; repairs; damages
When a division fence is suddenly damaged or destroyed by fire, winds or floods, a person
who ought to repair the same shall do so within ten days after being thereto requested by
a person interested therein, and shall pay the damages done to the opposite party by
animals straying from his occupied lands to those of the other party during the time the
fence is out of repair. If he does not make or repair his portion of the fence within ten
days after such request, the party sustaining damage thereby may make or repair the same
at the expense of the person neglecting so to do, and may recover the same in an action of
contract on this statute.
3810. Duties of fence viewers; division; penalty; appeal
On request, the fence viewers, or a majority of them, shall examine fences within the town
and a division shall be made by them in cases proper for them to determine. If a fence
viewer neglects to perform the duties required of him, he shall forfeit to the party
aggrieved $ 5.00, with costs to be recovered in an action of tort on this statute. Either
party may appeal from the decision of the fence viewers to a district or superior court if
such appeal is claimed within two hours from the rendition of the decision. Such appeal
shall be taken as provided by chapter 109 of Title 12.
3811. Notice; certificate; effect of record
When called upon to act, the fence viewers shall give notice to parties interested, or to
their tenants or agents, of the time when they will examine the fence or line between
adjoining lands, before they make a division relating to the same. When fence viewers make
a division of fence, or appraise the value of a fence made or repaired, or examine as to
the sufficiency of a fence, they shall certify the same. When they make a division of
fence and so certify, a record of the same in the office of the clerk of the town in which
the line is situated shall be valid against the parties, their heirs and assigns.
3812. Agreement as to division
An agreement in writing between the owners of adjoining lands, relating to their division
fence, signed by the owners, witnessed by two witnesses, acknowledged by the parties and
recorded in the office of the town clerk in the town where the fence is situated shall be
valid against the parties, their heirs and assigns.
3813. When fence is on a town line; division
When the line on which a division fence is to be made or maintained is the line between
two towns, and the parties do not
agree upon the division, the same shall be determined by a board of fence viewers
consisting of one or more from each of the towns. Such board of fence viewers shall give
notice to the parties, make the division and make a certificate as provided in section
3811 of this title. Such certificate shall be valid against the parties, their heirs and
assigns, if recorded in the office of the town clerk in each of the towns.
3814. Homesteader; to maintain; liability
Each owner of a homestead shall be liable to make and maintain his portion of the division
fence between his homestead and adjoining lands. The homestead shall be liable to
attachment and levy of execution for damages and costs recovered for neglect so to do.
3815. Records
Certificates and written agreements mentioned in this chapter shall be recorded and
alphabetically indexed by the town clerk in a book kept for that purpose.
3816. Recovery for expense
When, by the provisions of this chapter, owners of adjoining lands are required to pay to
another the expense of making or repairing a division fence, or damages for the neglect of
making, or for half the value of a division fence, the same with costs may be recovered in
an action of tort on such statute.
3817. Unnecessary fence; maintenance prohibited; penalty
A person shall not erect or maintain an unnecessary fence or other structure for the
purpose of annoying the owners of adjoining property by obstructing their view or
depriving them of light or air. A person who violates a provision of this section shall be
fined not more than $ 100.00.
3639. Farm crossings and cattle guards; construction and maintenance
(a) A person or corporation owning or operating a railroad shall construct and maintain
farm crossings of the road for the use of the proprietors of lands adjoining the railroad,
and cattle guards at all farm and road crossings sufficient to prevent cattle and animals
from getting on the railroad. A farm crossing may be temporarily or permanently closed or
discontinued by mutual agreement between all parties having an interest therein. If no
such mutual agreement can be reached by such interested parties, then a person or
corporation owning or operating a railroad and desiring to close any farm crossing shall
make application to the transportation board. The board shall thereupon give notice to all
parties interested, in such manner as the board may direct, of hearing on such
application, such hearing to be in the county where such crossing is located. After such
hearing, a person or corporation owning or operating a railroad shall not close such farm
crossing without the approval of the transportation board. A person aggrieved by the
closing of a farm crossing after January 1, 1955, by a person or corporation owning or
operating a railroad may notify the transportation board by registered or certified mail
of such closing, and thereupon such board shall conduct a hearing. Notice and place of
hearing shall be as hereinbefore provided. The transportation board may require the
reopening of any such crossing and make such other order as is permitted in section 3649
of this title. At any such hearing the burden of proof shall rest with the person or
persons effecting or seeking to effect the closing of such farm crossing. Any person
aggrieved by an order of the transportation board may, in accordance with Rule 75 of the
Vermont Rules of Civil Procedure, appeal to the superior court, whereupon such cause shall
be tried as an original action brought under the provisions of section 402 of Title 12.
(b) A person or railroad corporation closing any farm crossing in violation of a
provision of this section or failing to comply with any such order shall be fined not less
than $ 50.00 nor more than $ 500.00 and any person aggrieved by such violation may recover
his or her damages in an action on this statute.
3640. -- Board, when parties disagree
When the parties cannot agree upon the plan, manner or number of the farm crossings, the
same shall be determined by the transportation board on petition and after a public
hearing. However, if the cost of such farm crossings exceeds the value of the land to be
accommodated thereby, the board need not order such crossings to be made, but shall award
reasonable damages in lieu thereof.
3641. Cattle guards at highway crossings
The provisions of law relieving parties owning property adjoining a highway from
maintaining fences along the line of such highway shall not be held to relieve persons
owning or operating a railroad from maintaining cattle guards at points where such
railroad crosses a highway at grade.
3642. Fences; construction and maintenance
(a) A person or corporation owning or operating a railroad shall construct and maintain on
the sides of its road, when completed and in running order, a good and sufficient fence,
along land of an operating farm adjacent to the railroad.
(b) Whenever the owner or occupant desires to pasture livestock on land adjacent to the
railroad not then used for pasturing livestock and desires the railroad to erect the
portion of the fence next to the tracks, he shall fence the portion of that land which is
not adjacent to the railroad, and the railroad shall construct the portion of the fence
adjacent to its tracks within five days of notice to it from the owner or occupant that
his portion of the fence has been completed, and shall maintain that fence so long as the
adjacent land is used for pasturing livestock.
3643. -- Neglect; proceedings
When a person or corporation owning or operating a railroad does not construct and
maintain a fence as required by this chapter, any person aggrieved may construct it. The
selectmen of the town in which the same is located shall appraise the value thereof, and
the person or railroad corporation shall pay the amount so awarded by the selectmen to the
person so aggrieved. On failure of the person or corporation to pay the amount so awarded,
the person so constructing such fence may recover the same in an action on this statute.
Such a person or railroad corporation shall not be required to build such fence while the
ground is frozen.
3644. Construction of fence when landowner is to keep it
The provisions requiring a person or corporation owning or operating a railroad to
construct and maintain fences shall not
apply when such person or corporation has settled with and paid the landowner for building
and maintaining such fence. When a landowner thus paid for keeping such fence in repair
neglects so to do, the person or corporation owning or operating such railroad may make
the repairs and recover the necessary expense thereof of such landowner or his grantee.
3645. Damage to animals on railroad
Until fences and cattle guards are duly made, such person or corporation and their agents
shall be liable for the damagesdone by agents or engines to cattle, horses or other
animals thereon, if occasioned by want of such fences and cattle guards. After such fences
and guards are made, the person or corporation shall not be liable for such damages,
unless negligently or wilfully done.
3646. Driving animal or vehicle within fences on railroad; damages; penalty
A person who rides, leads or drives a horse or other animal or operates a motor vehicle or
a snowmobile upon a railroad, and within such fences and guards, other than at road and
farm crossings, without the consent of the corporation shall forfeit not more than $ 50.00
to be recovered by the corporation in an action on this statute, and shall also pay the
damages sustained thereby to the party aggrieved.
3647. Allowing animal to be at large in roadway; damages; penalty
When a horse or other beast is found going at large within the limits of a railroad after
the same is opened for use, the person through whose fault or negligence such horse or
other beast is so at large shall forfeit not more than $ 20.00 for every horse or other
beast so found going at large, and shall be liable for the damages thereby sustained by
any person, such forfeiture and damages to be recovered in an action on this statute.
3648. Complaint regarding fences, guards, crossings, watercourses
A person through whose land a railroad passes, after such road is in operation, and after
10 days' notice by registered or certified letter addressed to the principal office of
such railroad, may make complaint in writing to the transportation board that he or she is
aggrieved by the neglect or default of a railroad corporation in constructing or
maintaining fences, cattle guards or farm crossings which the corporation is bound to
construct or maintain, or by its stopping, impeding or altering a watercourse, or by its
making or stopping a ditch. The board shall give reasonable notice to the petitioner and
to the railroad corporation and to any other parties having an interest in the subject
matter of the complaint, of the time and place of hearing thereon, and such notice shall
be given by registered or certified mail or by personal delivery.
3649. -- Order of board
After hearing, the board may make a written order requiring the corporation to construct
or maintain in good repair such fence, cattle guard or farm crossing, or to make or alter
such watercourse or ditch, or to remove such impediment to the same, within such time as
it may fix. Such corporation shall not be required to open a ditch while the ground is
frozen, nor to alter the natural course of or do any act in regard to a watercourse which
it is not legally bound to do, nor to comply with such order until ten days after being
served with a copy thereof.
3650. -- Penalty
Unless the board has extended the time for cause shown, a railroad corporation failing to
comply with such order for more than twenty days after the time fixed therefor by the
board, shall be fined not more than $ 25.00 for each day's failure. Such corporation shall
be further liable to the party aggrieved for the damages he sustains in consequence of
such failure.
Reviewed by AAHS in December 2001.
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