Whereas, ________ ________ has erected a fence on the dividing line between [his or her] lands and the lands of ________ ________, which fence commences at ________ [describe fence]; and whereas, after the erection of the fence, ________ ________ enclosed a field on the [state direction, i.e., northerly] side of the division line, so that ___ feet [or other unit of measure] of the fence, commencing [describe the portion of the fence], has become and now is a partition fence between the respective fields of the parties; and
Whereas, ________ ________ has paid to ________ ________ the sum of $________, in full payment for one-half the value of the ___ feet of fence;
It is agreed between the parties that the ___ feet of fence on the [state direction, i.e., east] part of the partition fence shall be maintained and kept in repair by ________ ________, the party of the first part, and the remainder of the partition fence shall be kept in like repair by ________ ________.
In witness whereof, the parties have hereunto set their hands and seals, the day and year first above written.
[Signatures and seals of parties]
In the presence of:
[Signatures of 2 witnesses]
STATE OF WISCONSIN,
________ County.
On ________ ___, 20__, personally came before me the above-named ________ ________ and ________ ________, known to me to be the persons who executed the above instrument, and severally acknowledged the same to be their free act and deed.
[Signature and title of officer]
This agreement made this ____ of ________, 20__, between ________ ________, of the Town of ________, ________ County, Wisconsin, and ________ ________, of the Town of ________, ________ County, Wisconsin.
Whereas, ________ ________ owns the land described as follows: [
insert legal description] and ________ ________ owns the land described as follows: [insert legal description] and the parties desire to make partition of the dividing line, to assign to each a portion of the partition fence to be built and maintained by each of them;
It is mutually agreed by the parties that the line is partitioned and assigned for the purpose of building and maintaining a fence as follows: The [state direction, i.e., northerly] half of the line being ________ feet [or other unit of measure] in length, is assigned to ________ ________, and the other half of the line is assigned to ________ ________.
In witness whereof, the parties have hereunto set their hands and seals, the day and year first above written.
[Signatures and seals of parties]
In the presence of:
[Signatures of 2 witnesses]
STATE OF WISCONSIN,
________ County.
On ________ ___, 20__, personally came before me the above-named ________ ________ and ________ ________, known to me to be the persons who executed the above instrument, and severally acknowledged the same to be their free act and deed.
[Signature and title of officer]
Note: For the law regarding fences constructed by subdividers, see
s. 90.05 (2), Wis. stats.
To ________ ________ [owner or occupant of adjoining land]:
Please take notice that I am the owner of [insert legal description of land] adjoining the following described lands [insert legal description of land] owned by you. The line fence between your land and mine is on my premises. You are therefore notified to remove the fence within 30 days after the service of this notice upon you, to the boundary line between our lands.
Dated this ______ day of ________, 20__.
[Signature of owner of premises]
STATE OF WISCONSIN
Town of ________
________ County
It appearing to the undersigned, fence viewers of the Town of ________, ________ County, Wisconsin, that ________ ________ is the owner of [insert legal description of land] in the town, which land adjoins the following described land owned by ________ ________ [insert legal description of land], and application having been made to us by ________ ________ to divide the [partition fence
or line upon which a partition fence shall be built] between the adjoining lands, the [fence or line] being described as follows: Commencing at [state location with reasonable certainty], and to assign to each owner a portion of the [fence or line];
You are hereby notified that we will, on ________ ___, 20__, at the hour of ____ o'clock __.m., meet and view the [fence or partition line], and then divide the [fence or partition line] and assign to each party a share of the [fence or partition line], when and where you may be heard, if you desire.
Dated this ______ day of ________, 20__.
[Signatures of fence viewers]
Note: See
s. 90.07 (2), Wis. stats., for methods of serving the notice.
STATE OF WISCONSIN
Town of ________
________ County
Application having been made to the undersigned, fence viewers of the Town of ________, ________ County, Wisconsin, by ________ ________, for a division [of the partition fence or of the line upon which a partition fence shall be built] between lands in the town owned by ________ ________, described as follows: [insert legal description], and adjoining lands in the town owned by ________ ________, described as follows: [insert legal description], and for an assignment to each of the owners of a share of the [fence or line], dividing the lands, and having, after due notice in writing properly served upon each party, met pursuant to the notice on ________ ___, 20__, and viewed the [fence or the partition line];
The [fence or line] is divided and a share assigned to each party as follows: [describe particularly the share of fence or line assigned to each party]. Each party shall [build
or repair] the share of the partition fence assigned to [him or her] by ________ ___, 20__.
Dated this ______ day of ________, 20__.
[Signatures of fence viewers]
STATE OF WISCONSIN
Town of ________
________ County
A controversy having arisen about the [rights or obligation] of ________ ________ and ________ ________, occupants of adjoining lands in the Town of ________, ________ County, Wisconsin, [in or to maintain] a certain partition fence between their respective lands, the fence being described as follows: ________.
We, the undersigned, fence viewers of the Town of ________, upon the application of ________ ________, having given reasonable written notice to each party and viewed the partition fence on ________ ___, 20__, pursuant to that notice, divide the partition fence and assign to ________ ________, who occupies [insert legal description of land] as a share of the partition fence, to be repaired and maintained by ________ ________, the following: [give location and length of fence]; and to ________ ________, who occupies [insert legal description of land] as a share of the fence, to be repaired and maintained by ________ ________, the following: [give location and length of fence]; and we direct that each of the parties repair [his or her] share of the partition fence by ________ ___, 20__.
Dated this ______ day of ________, 20__.
[Signatures of fence viewers]
STATE OF WISCONSIN
Town of ________
________ County
To ________ ________ and ________ ________:
It appearing from the application of ________ ________ that:
1. The [river or brook or pond or creek] [known as ________ or described as:] is the boundary line between lands in the Town of ________, ________ County, Wisconsin, described as [insert legal description] and [owned or occupied] by ________ ________, and lands in the Town described as [insert legal description], [owned or occupied] by ________ ________;
2. The [river or brook or pond or creek] of itself is not a sufficient fence between the lands;
3. It is impracticable, without unreasonable expense, for a partition fence to be built on the true boundary line between the lands;
4. [________ ________ refuses to join in making a partition fence on either side or ________ ________ and ________ ________ disagree respecting the making of a partition fence on either side] of the [river or brook or pond or creek]; and
5. ________ ________, having applied to us, the undersigned, fence viewers of the town, for our action in the premises;
Notice is hereby given that we will, on ________ ___, 20__, at ____ o'clock __.m., view that part of the [river or brook or pond or creek] forming the aforesaid boundary line, and if we shall determine that the [river or brook or pond or creek] is not a sufficient fence, and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line between the enclosures, we will proceed to determine how or on which side of the river the fence shall be built, or whether partly on one side and partly on the other, and assign to each [owner or occupant] a share of the partition fence, and direct the time within which each shall build the fence, when and where you may be heard upon the subject, if you desire.
Dated this ______ day of ________, 20__.
[Signatures of fence viewers]
STATE OF WISCONSIN
Town of ________
________ County
Whereas, the [river or brook or pond or creek] [known as ________ or described as:] is the boundary line between the following enclosed lands in the Town of ________, ________ County, Wisconsin, described as [insert legal description in notice], and ________ ________ having made application for partition of the boundary line;
We, the undersigned, fence viewers of the Town of ________, having given reasonable written notice, served upon each party, proceeded pursuant to that notice on ________ ___, 20__, to view that part of the [river or brook or pond or creek] that constitutes the boundary line between the above-described lands determine as follows:
1. That the [river or brook or pond or creek] that constitutes the boundary line between the above-described lands is not a sufficient fence between the lands, and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line between the above-described lands.
2. That [a fence shall be built upon the (state direction, i.e., northerly) side of the (river or brook or pond or creek), one-half by ________ ________ and one-half by ________ ________ or ________ feet of the fence shall be built on the (state direction, i.e., northerly) side of the river by ________ ________, and ________ feet of the fence shall be built on the (state direction, i.e., northerly) side of the (river or brook
or pond or creek) by ________ ________].
3. That the parties shall each build the portion of the fence assigned by this order by ________ ___, 20__.
Dated this ______ day of ________, 20__.
[Signatures of fence viewers]
STATE OF WISCONSIN
Town of ________
________ County
To ________ ________ and ________ ________:
We, the undersigned, fence viewers of the Town of ________, ________ County, Wisconsin, upon the application of ________ ________, having on ________ ___, 20__, viewed that part of the [river or brook or pond or creek] forming the boundary line between enclosed lands [owned
or occupied] by you in the Town of ________ described as: [insert legal description in notice].
You are hereby notified that we have determined upon our view that it is impracticable to maintain any fence along or near the boundary line for the following reason(s):
[list specific reasons].
Dated this ______ day of ________, 20__.
[Signatures of fence viewers]
STATE OF WISCONSIN
Town of ________
________ County
To ________ ________:
Complaint having been made by ________ ________ to us, the undersigned fence viewers of the Town of ________, ________ County, Wisconsin, that the portion of partition fence between lands occupied by ________ ________ and yourself in the town, which you by law are to maintain, is out of repair, and that you [neglect or refuse to repair or rebuild] that portion of the partition fence, the line of the fence being as follows: [state location]. You are hereby notified that we will, on ________ ___, 20__, at ____ o'clock __.m., proceed to examine the fence complained of and determine the fence's sufficiency and, if necessary, the time within which the fence shall be repaired or rebuilt.
Dated this ______ day of ________, 20__.
[Signatures of fence viewers]
Note: See
s. 90.07 (2), Wis. stats., for methods of serving the notice.
STATE OF WISCONSIN
Town of ________
________ County
To ________ ________:
We, the undersigned, fence viewers of the Town of ________, ________ County, Wisconsin, upon complaint made to us by ________ ________ and after due notice to you, did on ________ ___, 20__, examine the partition fence between lands occupied by you and ________ ________, in the town, and which you are to maintain, being the [describe the location of the fence], and have determined and hereby notify you that your share of the partition fence is insufficient.
You are therefore directed to [repair or rebuild] your portion of the above-described fence by ________ ___, 20__.
