Chapter 373

2007 -- H 5025 AS AMENDED

Enacted 07/07/07

A N A C T

RELATING TO PROPERTY -- FENCES

Introduced By: Representatives Melo, Silva, Picard, Petrarca, and Baldelli-Hunt

Date Introduced: January 09, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-10-15 of the General Laws in Chapter 34-10 entitled "Fences" is

hereby amended to read as follows:

34-10-15. Complaint of neglect to maintain fence. – (a) Whenever any proprietor,

possessor or owner of land shall neglect or refuse to repair, build, or rebuild any partition fence or

shall withdraw his or her fence from any division line, the aggrieved party may complain to any

fence viewer of the town, who, after ten (10) days' notice to the proprietor, possessor, or owner,

shall attend and view the same; the notice, if the address of the owner is not known to the fence

viewer, to be given by posting up the same in three (3) or more public places in the town where

the lands lie, and if he or she shall find the complaint to be true, he or she shall in writing order

the delinquent party to repair, build, or rebuild the same within such time as he or she shall

therein appoint, not exceeding fifteen (15) days, and shall lodge a copy of the order in the office

of the town clerk of the town in which the land is situated.

(b) Whenever any vegetation overgrows and damages a partition fence, the proprietor,

possessor or owner of the land from which the vegetation originates shall be liable for the

removal of all of the overgrown vegetation and the necessary repairs to the partition fence caused

by the overgrown vegetation.

     SECTION 2. This act shall take effect upon passage.

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LC00270

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