344.02 KINDS OF PARTITION FENCES.
Subdivision 1. Legal and sufficient fences.
The following are legal and sufficient fences:
(a) fences consisting of at least 32-inch woven wire and two barbed wires firmly fastened to
well-set posts not more than one rod apart, the first barbed wire being above and not more than
four inches from the woven wire and the second barbed wire being above and not more than eight
inches from the first wire;
(b) fences consisting of at least 40-inch woven wire and one barbed wire firmly fastened
to well-set posts not more than one rod apart, the barbed wire being above and not more than
four inches from the woven wire;
(c) fences consisting of woven wire at least 48 inches in height, and one barbed wire not
more than four inches above the woven wire firmly fastened to well-set posts not more than
one rod apart;
(d) fences consisting of at least four barbed wires with at least 40 barbs to the rod, the wires
firmly fastened to posts not more than one rod apart, the top wire not more than 48 inches high
and the bottom wire 12 to 16 inches from the ground; and
(e) fences consisting of rails, timbers, wires, boards, stone walls, or any combination of those
materials, or streams, lakes, ditches, or hedges, which are considered by the fence viewers as
equivalent to any of the fences listed in this subdivision.
Subd. 2. Determination of kind of fence.
If adjoining land owners disagree as to the kind of
fence to be built on any division line, the matter must be referred to the fence viewers, who shall
determine what kind of fence should be built on the line and order it built.
Subd. 3. Special case.
If the lands of two persons adjoin and the land of one is enclosed by a
woven wire fence on all sides except the side forming a division line between the lands, each
person shall erect and maintain a fence along one-half the total length of the division line. The
fences must be similar in character and quality.
History: (7249) RL s 2749; 1915 c 282; 1917 c 408 s 1; 1985 c 265 art 6 s 1