29-406. Removal of fence built upon land of another by mistake; damages.

29-406

Chapter 29.--FENCES
Article 4.--MISCELLANEOUS PROVISIONS

      29-406.   Removal of fence built upon land of another by mistake;damages.When a person has made a fence on an enclosure which afterwards, onmaking division lines, is found to be on lands of another, and the same hasoccurred through mistake, such first person may enter upon the land of theother and remove his fence and material within six months after such linehas been run, upon his first paying or offering to pay the other party forany damages to the soil which may be occasioned thereby; and when theparties cannot agree as to the damage, the fence viewers may determine itas in other cases.

      History:   G.S. 1868, ch. 40, § 31; Oct. 31; R.S. 1923, 29-406.