Sec. 47-43. Proprietors to maintain. The proprietors of lands shall make and
maintain sufficient fences to secure their particular fields. Within cities and adjacent to
house lots, a tight board fence four and one-half feet high, an open picket fence four
feet high, the opening between pickets not to exceed four inches, or a slat rail fence four
feet high, the opening between slats not to exceed six inches, the lower slat not over six
inches from the ground, a fence not less than four feet high of chain link galvanized
wire not smaller than number nine gauge supported upon galvanized tubular steel posts
set in concrete, all end and corner posts to be suitably braced, and all to be substantially
erected, or any other fence which in the judgment of the selectmen or other officials
charged with the duty of fence viewers is equal thereto, shall be a sufficient fence; in
places outside of incorporated cities, a rail fence four and one-half feet high, a stone
wall four feet high, suitably erected, a wire fence consisting of four strands not more
than twelve inches apart, stretched tightly, the lower strand not more than twelve inches
and the upper strand not less than four feet from the ground, with good substantial posts
not more than sixteen feet apart, and any other fence which in the judgment of the
selectmen is equal to such a rail fence, shall be a sufficient fence. Adjoining proprietors
shall each make and maintain half of a divisional fence, the middle line of which shall
be on the dividing line, and such fence shall not exceed in width, if a straight wood
fence or hedge fence, two feet; if a brick or stone fence, three feet; if a crooked rail
fence, six feet; and, if a ditch, eight feet, not including the bank, which shall be on the
land of the maker. No ditch shall be made adjacent to a house lot without the consent
of the owner of the house.
(1949 Rev., S. 7155.)
Duty of proprietors when the line is such that no fence can be made. 1 R. 269. A ditch named and treated as a boundary
is regarded as a division fence. 6 C. 473. Rights of party repairing such ditch. Id., 474. What constitutes a divisional fence
within the statute. 15 C. 135. Fence viewers are the sole judges of what is a sufficient fence. 24 C. 277. Terms "sufficient
fence" and "ordinary fence" as used in the statute, construed. 37 C. 126, 127. Statute commented on. 52 C. 34. Hedge as
a division fence; rights of adjoining proprietors as to trimming hedge. 108 C. 98. Cited. 181 C. 454, 459.
Cited. 46 CA 164.
Privet hedge set out and cared for by defendant only having its middle line on her property from three inches to one
and nine-tenths feet from boundary line held not division fence. 4 Conn. Cir. Ct. 196.
Sec. 47-44. Compensation of selectmen for services as fence viewers. Selectmen
shall receive two dollars for each day's service as fence viewers.
(1949 Rev., S. 3633.)
Cited. 103 C. 424.
Sec. 47-45. Appointees to perform duties of selectmen as to fences. In any town,
city or borough which conducts its government under the provisions of any special act,
and in which the duties in relation to fences imposed by the general statutes on selectmen
are not specifically assigned to another officer or agency, the legislative body of such
municipality, or the board of selectmen in the case of a municipality in which the legislative body is a town meeting, may appoint a suitable person or a committee of three
persons to perform such duties and may provide for the payment of a fee therefor, which
fee shall not be less than that provided by section 47-44.
(1953, S. 2967d; P.A. 94-59, S. 5.)
History: P.A. 94-59 provided that appointments be made by the board of selectmen in the case of a municipality in
which the legislative body is a town meeting.
Sec. 47-46. Payment for fence between agricultural property and state highway. When there is no fence between property used for agricultural purposes adjoining
a state highway and the highway property sufficient for the purposes of section 47-43,
or when any fence so located is in need of replacement, the adjoining proprietor may,
with the written agreement of the Commissioner of Transportation, executed within
sixty days of a written request by such proprietor, cause such a fence to be constructed
or replaced within two years from the date of the agreement; and the Commissioner of
Transportation shall, within sixty days after the construction or replacement is completed, reimburse the proprietor for one-half the cost thereof, subject to limitations of
costs per linear foot and in accordance with standards to be established by said commissioner.
(1957, P.A. 234; 1967, P.A. 43; 1969, P.A. 768, S. 262.)
History: 1967 act specified that fence must be constructed or replaced "within two years from the date of the agreement";
1969 act replaced highway commissioner with commissioner of transportation.
Sec. 47-46a. Payment for fence between agricultural property and property
in control of Environmental Protection Department. Where there is no fence between
property used for agricultural purposes and adjoining property of the state under control
of the Department of Environmental Protection sufficient for the purposes of section
47-43, or when any fence so located is in need of replacement, and the boundary has
been mutually agreed upon, the adjoining proprietor may, with the written agreement of
the Commissioner of Environmental Protection, executed within sixty days of a written
request by such proprietor, cause such a fence to be constructed or replaced within six
months of the date of the agreement; and the commissioner shall, within sixty days after
the construction or replacement is completed, reimburse the proprietor for one-half the
cost thereof, the state's share not to exceed four dollars a rod, payments to be made in
the order of receipt of applications and completion of projects. Total payments under
this section shall not exceed five thousand dollars in any fiscal year.
(1961, P.A. 558; 1967, P.A. 72; 1971, P.A. 872, S. 205; P.A. 79-530, S. 1, 3.)
History: 1967 act increased state's maximum share in reimbursement from one to two dollars per rod; 1971 act replaced
state park and forest commission and its director with department and commissioner of environmental protection and
revised reference to maximum for total payments to reflect change from biennial to annual budget; P.A. 79-530 raised
state's maximum share for reimbursement to four dollars per rod and raised maximum amount for total payments from
twenty-five hundred to five thousand dollars per fiscal year.
Sec. 47-47. Barbed wire between adjoining premises or enclosing grounds of
public buildings. No person shall use barbed wire in the construction of fences, or have
barbed wire upon existing fences, between his own premises and those of an adjoining
proprietor, within twenty-five rods of any house or barn belonging to such proprietor,
unless either premises are used in connection with raising livestock, without first obtaining his written consent. No barbed wire shall be used in the construction of fences,
or retained upon existing fences, connected with or enclosing the grounds of any public
school or public building, except a Department of Transportation storage facility or a
vessel operations area of a state-owned waterfront facility or aircraft operations area of
a state-owned airport. Any person who violates any provision of this section shall be
fined not more than one hundred dollars.
(1949 Rev., S. 7157; P.A. 80-105; P.A. 84-322.)
History: P.A. 80-105 added exception re premises used in raising livestock to provision requiring written consent for
barbed wire fence within twenty-five rods of house or barn; P.A. 84-322 allowed use of barbed wire at department of
transportation storage facilities, vessel operations areas of state-owned waterfront facilities and aircraft operations areas
of state-owned airports.
See note to Sec. 47-48.
Sec. 47-48. Barbed wire along sidewalks. No barbed wire shall be installed along
any sidewalk unless it is at least six and one-half feet above the ground. Any barbed
wire in use in conformity with section 7156 of the general statutes, revision of 1949,
on October 1, 1957, may be continued in use.
(1949 Rev., S. 7156; 1957, P.A. 157, S. 1.)
When violation of a statute concerning barbed wire is not set up in complaint in action for damages for personal injuries,
it is error to read statute to the jury to show that legislature thought barbed wire a dangerous thing. 101 C. 549.
Sec. 47-49. Purchase of division fence. If one proprietor or his predecessor in title
makes the whole fence and the adjoining proprietor afterwards encloses his land, such
adjoining proprietor shall purchase and maintain half of the divisional fence. If the
parties do not agree in dividing and appraising it, either may call on the selectmen of
the town in which such fence is situated, who may set out, to each, his proportion of
such fence and determine how much shall be paid to the party erecting or owning the
same by the other; a certificate of which determination, under the hands of the selectmen,
shall be sufficient evidence for the recovery of the amount so determined. No action
therefor shall be maintained unless the proprietor, who, or whose predecessor in title,
first occupied his land and made the whole of the divisional fence, has caused such fence
to be so divided and appraised within six years after the adjoining proprietor, or those
under whom he holds, has first enclosed his land by particular enclosure, nor unless
such action is commenced within one year after such division and appraisal have been
made.
(1949 Rev., S. 7158.)
Parol division of divisional fence by adjoining proprietors is valid. 29 C. 428, 429. Decision of one selectman, when
binding as to division of fence. 32 C. 109. Where party builds whole of division fence on line, the adjacent proprietor has
no right to tear down half. 52 C. 34.
Cited. 4 Conn. Cir. Ct. 196, 199.
Sec. 47-50. Division of fence by selectmen. When a fence between adjoining proprietors has never been divided and either refuses to divide it, the other may call on the
selectmen to make a division, who shall set out, in writing, the better part to him who
erected it or to the party holding under him; and the cost, certified by the selectmen in
writing, shall be paid by him who refused to make such division. Such division, when
recorded in the town where the land lies, shall be binding on the parties.
(1949 Rev., S. 7159.)
Cited. 4 Conn. Cir. Ct. 196, 199.
Sec. 47-51. Repair of division fence. If any person neglects to keep his division
fence in repair, the party aggrieved may call on the selectmen to view it, who, if they
find it insufficient, shall immediately give written notice thereof to the person bound
to repair it, and shall also mail to the owner of any mortgage upon land which is partly
bounded by the fence in question a written notice of an order to repair such fence. If
none of the parties interested, to whom notice has been given, makes such repairs within
fifteen days from the time of giving such notice, the party aggrieved may make such
repairs and recover of the person bound to repair it double the cost of such repairs as
estimated in writing by the selectmen and also the fees of such selectmen. Such sums
shall constitute a lien upon such land against all persons interested therein, provided
such lien shall be recorded in the office of the town clerk of the town in which such
land is situated within sixty days from the time of completing such repairs. Such liens
may be foreclosed in the manner provided for the foreclosure of mortgages.
(1949 Rev., S. 7160.)
Defendant's obligation to keep fence in repair must be averred. 15 C. 532. Fence viewers are the sole judges as to
sufficiency of fence. 24 C. 277. Unnecessary to set forth in the notice the particular defects; what notice is sufficient. Id.;
29 C. 421; Id., 431. Not necessary that notice should be given delinquent party of the time of meeting to estimate value of
repairs. 28 C. 605; 101 C. 289. Fence viewers are not judicial officers. 24 C. 277; 28 C. 604. The fifteen days given to
repair run from time of serving notice. 29 C. 431. To what extent the complainant, on neglect of the owner, may repair.
Id. Selectmen's order is void if fence is not a divisional fence; question may be raised for first time in superior court. 101
C. 288.
Cited. 4 Conn. Cir. Ct. 196, 199.
Sec. 47-52. When dividing line is a stream. When the dividing line is a stream
or pond, which does not take the place of a sufficient fence, and it is impracticable to
make the fence in the line, if either party refuses to make a division fence on either side,
two selectmen of the town shall, on application of either party, determine on which side
of the stream or pond the fence shall be erected and maintained, or whether partly on
one side and partly on the other, and what part each shall make and maintain, and deliver
their determination in writing to the parties. If either refuses to make and maintain his
part of the fence, the other may do so and recover the expense from the party so refusing.
(1949 Rev., S. 7161.)
Sec. 47-53. Apportionment of division fence. Penalty. When there is no fence
between adjoining proprietors or when a particular enclosure is divided between two
or more proprietors and either desires to have a division fence erected, any two selectmen
of the town where such land is situated, and, if the same is situated in more than one
town, then one from each town, may view such dividing line, first giving notice to such
proprietors; and, if they deem it reasonable that such fence should be erected at the
expense of each of such adjoining proprietors, shall divide and stake out a line and assign
to each his portion thereof and limit a time within which it shall be erected; and each
proprietor shall erect a sufficient fence on the portion of such line so set to him. If either
makes his portion of such fence and the other neglects to make his portion within such
time, such selectmen may cause the fence to be completed, and the expense thereof, as
certified by the selectmen, shall be paid by the proprietor so neglecting. Any person
who neglects to erect a sufficient fence on the portion of such line so set to him, within
the time prescribed by such selectmen, shall be fined not more than two dollars for each
day of such neglect.
(1949 Rev., S. 7162.)
Fence viewers have no power to settle disputed lines or bounds. 28 C. 198; 101 C. 289.
Cited. 4 Conn. Cir. Ct. 196, 199.
Sec. 47-54. Proceedings to obtain new division fence. When a particular enclosure has been divided and the parties cannot agree respecting the division of a fence
belonging to the same, or when adjoining proprietors cannot agree respecting the division of an existing fence, and there is no record of any division of it, any of them may
call out any two selectmen of the town where such fence is situated, or, if the same is
in two towns, one from each town, who shall view such fence and make a division and
award in favor of and against such parties such sums as they deem reasonable. Such
award shall be in writing, signed by such selectmen, describing such division and limiting a time for the payment of the sums awarded, and, when recorded in the town or
towns where such fence is situated, shall be final, and shall not be invalid in consequence
of any inaccuracy, if the location of such division, the parties and the sums awarded can
be understood.
(1949 Rev., S. 7163.)
Verbal agreements for dividing do not run with the land. 21 C. 342; 101 C. 290.
Cited. 4 Conn. Cir. Ct. 196, 199.
Sec. 47-55. Damage by animals. All damage done within enclosures by cattle,
horses, asses, mules, sheep, swine or goats, when the fence is sufficient, shall be paid
by the owner of the animals. No person shall recover for damage done within his enclosure by reason of the insufficiency of his fence, unless done by animals at large contrary
to law, or by unruly cattle that are not restrained by ordinary fences; or unless the owner
of animals puts them into or voluntarily trespasses on such enclosure; or unless they
entered through a part of the fence which was sufficient; in all of which cases the owner
of the land may impound them and recover poundage and damages.
(1949 Rev., S. 7164.)
See chapter 436 re impoundment of animals generally.
Where fence is sufficient: Who are the "owners" of cattle within the statute. 6 C. 532; 16 C. 204. Under first part of
this statute no action lies unless the fence is sufficient. 14 C. 295, 296. Otherwise where cattle are unruly. 16 C. 206. Cattle
entering through insufficient fence may be impounded. 32 C. 221. Where fence is insufficient: A defense of insufficient
fence may be met by evidence that cattle were unruly. 16 C. 206. Terms "sufficient fence" and "ordinary fence", construed.
37 C. 126, 127. No obligation to fence against unruly cattle. 37 C. 129. History of legislation re fences. Id. Statute held
inapplicable in action for damages due to vicious bull. 79 C. 271. What cases are covered by this statute. 94 C. 549; 96 C.
662. Evidence held to show cattle at large on highway and unruly. 94 C. 550. Plaintiff who was not the owner of the land
had no rights under the statute. 124 C. 695.
Sec. 47-56. Fences around home lots. When adjoining proprietors are unable to
agree about erecting a division fence and there is a dwelling house on the lot of one
proprietor within one hundred rods of the dividing line, he may notify any two selectmen
of the town in which such lot is situated or, if it is in more than one town, then one
selectman from each town, who shall give written notice to the parties of the time and
place of a hearing in regard to such fence; and the proprietor of such lot may, upon the
terms named by the selectmen, erect a better fence than is required by law, and the
adjoining proprietor shall pay such part of the expense as he would pay for the erection
of an ordinary sufficient fence, but shall be allowed the value of his part of the existing
division fence appraised by the selectmen. The expense of maintaining such better fence
beyond that of an ordinary sufficient fence shall be defrayed by the owner of such
lot, who shall also pay the fees of the selectmen. Such selectmen shall make a written
certificate of their doings and leave a copy with each proprietor; and the party erecting
the fence may recover of the other party the amount to be paid by him if not so paid
within thirty days after the erection of such fence.
(1949 Rev., S. 7165.)