§ 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.
History of Section. (G.L. 1896, ch. 126, § 5; P.L. 1902, ch. 992, § 1; G.L. 1909, ch. 152, § 9; G.L. 1923, ch. 182, § 9; G.L. 1938, ch. 645, § 9; G.L. 1956, § 34-10-15; P.L. 2007, ch. 373, § 1.)
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