Fence Viewer

A Fence Viewer is a town or city official who administers fence laws by inspecting new fences and settles disputes arising from trespass by livestock that have escaped enclosure.

The office of Fence Viewer is one of the oldest appointments in New England. The office emigrated along with New England pioneers to the Midwest as well, where the office still exists.

New England farmers clearing their land during the 17th century were confronted with boulders and stones left by retreating glaciers. They cleared their fields of the boulders with horses and built stone walls along the edges of their fields, frequently at the property boundary. Many of these walls still exist.

A Fence Viewer was needed on those occasions when walls were eroded, moved, or modified illegally. This was a serious offense. The term "fence viewer" has been traced back to 1661.

Upon request of any citizen, the Fence Viewer: views fences to see that they are in good repair and in case of disputes between neighbors, works to resolve their differences. Problems such as size, condition, and distance from property lines are complaints that still arise between neighbors.

In Connecticut, fence viewer is a duty assigned as needed to a selectmen or other official. The fence viewer can use their judgment to determine if a fence is sufficient and equivalent to the type of fence required by statute. Selectmen serving as fence views receive compensation of two dollars per day. Local governments may also appoint a person, or a committee of three people, to perform the function of fence viewer.

If a property owner builds a fence around his property, and then subsequently an adjoining property owner encloses the adjacent property, the second party must purchase one half of the fence built by the first party on the common property line. If the two parties cannot reach an agreement, a fence viewer will determine the amount to be paid. Fence viewers also inspect divisional fences in need of repair and notify the negligent party to repair the fence, and estimate the cost to be paid to the adjoining property owner to make the repairs if the negligent owner fails to comply.

The state of Delaware provides that fence viewers assess damages resulting from the trespass of a horse, cattle, goat, sheep or hog on a fenced property. If an animal is "unruly" and breaks a fence, damages are doubled. Fence viewers are appointed by the Superior Court annually, and there must be between five and eight per one hundred capita. Fence viewers act in groups of three so there will be a majority. They are paid eight dollars per day and compensated seven cents per mile for travel to the location of any dispute. Fence viewers judge if a fence is in disrepair and order that it be fixed, however if the order goes unheeded, the matter is turned over to a Justice of the Peace.

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Wikipedia