Colorado Code § 35-46-113

Cost and repair - how recovered. Partition fences between agricultural and
Open in Lexace · Ask the AI about this section
grazing land shall be erected and also kept in repair at the joint cost of the owners of the
respective adjoining tracts, except as otherwise agreed by such owners. If after thirty days
written notice, served personally or by registered mail by either the owner or tenant of one tract
upon the owner or tenant of the other tract, such other owner neglects or refuses to erect or repair
one-half of the partition fence, the person giving notice may proceed to erect or repair the entire
partition fence and collect by a civil action at law one-half the entire cost thereof from the other
owner. Any judgment obtained against the owner of any land for the value of his share of any
such partition fence or the repair thereof shall be a lien upon such owner's land to which such
fence is appurtenant, and a special execution may issue and be levied upon the land to which
such fence is appurtenant as in the manner now prescribed for the levying of an execution under
the foreclosure of a mortgage upon real property. Such land may be sold under sheriff's sale for
the purpose of satisfying such special execution in the same manner as is now provided for the
foreclosure of mortgages on real property.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.