The Town Law 2007 



§ 361. lands lying open. When the o^vners of adjoining lands 

 shall choose to let them lie open, as provided in section three 

 hnndred and sixty, neither of such owners shall be liable to the 

 other in any action or proceeding for any damages done by ani- 

 mals lawfully upon the former's premises going iipon the lands so 

 lying open or upon any other lands of the owner thereof through 

 such lands so lying open. Either owner of any lands so lying 

 open and adjoining, may, unless the agreement is for a specified 

 period, and after such agreement has expired may then have the 

 same enclosed, by giving written notice to that effect to the 

 owners or occupants of the adjoining lands, whereupon it shall 

 be the duty of both parties to build and maintain their several 

 proportions of a division fence. (As amended by chapter SQ of 

 the Laws of 1911.) 



§ 362. Division fence on change of title. Whenever a subdivi- 

 sion, or new apportionment of any division fence shall become 

 necessary by reason of transfer of the title of either of the ad- 

 joining owners, to the whole, or any portion of the adjoining 

 lands, by conveyance, devise or descent, such subdivision or new 

 apportionment shall thereupon be made by the adjoining owners 

 affected thereby; and either adjoining owner shall refund to the 

 other a just proportion of the value at the time of such transfer 

 of title, of any division fence that shall theretofore have been 

 made and maintained by such other adjoining owner, or the person 

 from whom he derived his title, or he shall build his proportion 

 of such division fence. The value of any fence, and the propor- 

 tion thereof to be paid by any person, and the proportion to be 

 built by him, shall be determined by any two of the fence viewers 

 of the town, in case of disagreement. 



§ 363. Settlement of disputes. If disputes arise between the 

 owners of adjoining lands, concerning the liability of either party 

 to make or maintain any division fence, or the proportion or par- 

 ticular part of the fence to be made or maintained by either of 

 them, such dispute shall be settled by any two of the fence viewers 

 of the town, one of whom shall be chosen by each party ; and if 

 either neglect, after eight days' notice to make such choice, the 



