Section 11-28-106 - Construction and maintenance of partition fences(a) Except as otherwise provided, the owner of any lawful fence which is or becomes a partition fence separating the owner's land from that belonging to some other person may require the person to pay for one-half (1/2) of what it would or does actually cost to construct the partition fence. In case of refusal, the owner may maintain a civil action against the person refusing and is entitled to recover one-half (1/2) of what it would or did actually cost to construct that portion of the partition fence used by the person and costs of suit. The joint users of a partition fence shall contribute to the cost of maintenance in proportion to their respective interests and if either refuses to pay his share of the cost of maintenance, the other may recover maintenance costs in the manner provided for recovering the cost of construction.(b)Repealed by Laws 2023, ch. 173,§ 3.Amended by Laws 2023, ch. 173,§ 3, eff. 7/1/2023.Amended by Laws 2011 , ch. 102, § 1, eff. 7/1/2011.