Opn. No.

Charles H. Clark, Esq. Canajoharie

You have asked several questions concerning the obligations of adjoining landowners under section 300 of the Town Law, which requires a sharing of the cost of the erection or repair of a division fence between their lands.

Prior to 1974, section 300 required adjoining landowners, "except when they otherwise agree," to erect and maintain "a just and equitable portion of the division fence" or to agree to have no fence. Section 301 relieves each landowner from liability caused by his livestock on the adjoining land in those cases where there is an agreement to…