Griffith v. Carrothers

Citations

• 86 Kan. 93
• 119 P. 548
• 1911 Kan. LEXIS 189

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partition Fence — Apportionment—Duty of Viewers. In settling a controversy between owners of adjoining lands as to their rights in a partition fence, and where one of them has voluntarily built the whole of the fence, the fence viewers are authorized to assign to each a certain one-half of the fence, which he will be required to maintain, and to ascertain the value of the part assigned to the delinquent owner, and for which he will be required to pay, but in making such award the viewers may not consider or include anything in excess of its value as a fence of construction from material and of the height, size and character of a legal fence, allowing nothing more than is reasonably necessary in material and workmanship to make it appropriate to the purpose for which it is designed.</p> <p>2. - Same. If he has built an extravagantly ornamental or needlessly expensive fence, or has put in it more than is necessary to make it a legal and practical fence for the turn- • ing of stock, the cost of such excess can not be recovered from the other owner.</p> <p>3. - Same. And where a hedge has been planted and has grown on the division line until it contains trees, sustained by the soil of both farms, so large as to be suitable for telephone poles and fence posts, the viewers are not warranted in including the value of such trees in the award made against the delinquent owner.</p>