186 The Farmer's Business Handbook 



Under the law, each adjoining owner is obliged 

 to build and keep in repair one-half of the line 

 fence between himself and his neighbors through 

 all lands, and in case they cannot agree the fence- 

 viewers may make the proper division. The 

 division once made, each party becomes responsi- 

 ble for his share. Should he not build a fence, 

 or should he build one that does not conform to 

 the requirements of a legal fence, or should he 

 allow it to become out of repair, he is responsible 

 for all damage which may accrue to his neighbor, 

 and must suffer, without recovery, for all dam- 

 age done him by his neighbor's stock by reason 

 of such defective fence. 



By giving written notice to the adjoining owner, 

 a person may in New York let his lands "lie 

 open," which means that he chooses not to build 

 his share of the line fences, and, therefore, will 

 not hold his neighbor liable for any damage done 

 by the latter 's cattle coming onto the land lying 

 open, nor will he let his own cattle upon the 

 neighbor's land through the land so lying open. 



In New York, fences destroyed by accident 

 must be repaired within ten days after written 

 notice so to do by adjoining owner, or the adjoin- 

 ing owner may himself do so at the expense of 

 the one failing to obey the notice to repair. 



When lands in New York border on navigable 

 waters the owners must fence to low water-mark ; 



