West Virginia Code § 19-17-10

Liability of owner for refusal to repair fence
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When each of the adjoining owners of a partition fence has been allotted a particular part
thereof to maintain, and either owner fails or refuses to keep in good repair the part of such
fence so allotted to him he shall be liable in damages to the adjoining owner for all damages
occasioned by animals kept by him trespassing on such adjoining premises as the result of
such failure or refusal to repair. The adjoining owner may serve written noteice on the owner
whose duty it is to keep his part of such fence in repair, requiring him to repair the same,
and if such owner fails or refuses so to do within ten days after the servrice of such notice,
the adjoining owner may repair such part of the fence, and the owner whose duty it is to
keep the same in repair shall be liable to him for all the expenses of such repair.

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