90.11 History
History: 1991 a. 316;
1997 a. 253.
90.12
90.12
Apportionment of cost of fence. When, in any controversy that may arise between occupants of adjoining lands as to their respective rights in any partition fence, it shall appear to the fence viewers that either of the occupants had, before any complaint made to them, voluntarily erected the whole fence, or more than that occupant's just share of the same, or otherwise become proprietor thereof, the other occupant shall pay for so much as may be assigned to him or her to repair or maintain; the just value thereof which the other occupant ought to pay shall be ascertained by proceeding as prescribed in
s. 90.11.
90.12 History
History: 1991 a. 316.
90.13
90.13
Partition fence on newly enclosed land. 90.13(1)(1) When any previously unenclosed land is enclosed, the owner or occupant of the newly enclosed land shall pay for 50% of each partition fence standing upon the line between that owner's or occupant's land and the enclosure of any other owner or occupant, unless the line has been previously divided. If the line has been previously divided, the owner or occupant of the newly enclosed land shall pay the value of the fence on the part of the line previously assigned to that owner or occupant. In either case, the value of the fence at the time shall be ascertained on the application of either adjoining owner or occupant as provided in
s. 90.11, if the parties do not agree.
90.13(2)
(2) If the responsible owner or occupant fails to pay the value for 60 days after the value has been ascertained and demand made, the proprietor of the fence may recover the value with the fence viewers' fees and costs.
90.13 History
History: 1991 a. 316;
1997 a. 253.
90.14
90.14
Fence on town line. In all cases where the line upon which a partition fence is to be made or to be divided is the boundary line between towns or partly in one town and partly in another a fence viewer shall be taken from each town; and divisions of such fences by them or by agreement of the parties shall be recorded in the office of the clerk of each town.
90.15
90.15
Fees of viewers; neglect of duty. A fence viewer is entitled to the following fees and expenses for services rendered under this chapter: daily employment, mileage, service of notice or process and folios written. The rate of pay for the fees and expenses shall be set by the viewer's city, village or town. The fees and expenses shall be paid equally by the parties to the controversy, and if any of them neglect to pay the same within 30 days after the services are performed, each fence viewer may recover from delinquent parties jointly double the amount of the fees and expenses. A fence viewer who neglects to perform his or her duties shall forfeit $5 and be liable to the injured party for damages. Fence viewers may administer oaths for purposes of this chapter.
90.15 History
History: 1979 c. 221.
90.16
90.16
Record of partition. Every partition of a division fence or line made by fence viewers, signed and recorded as hereinbefore provided, and the record or a certified copy thereof, shall be presumptive evidence of the regularity of all the proceedings prior to the making thereof.
90.20
90.20
Fencing of farm-raised deer. 90.20(1)
(1)
Definitions. In this section:
90.20(1)(b)
(b) "Heavily galvanized" means having a zinc coating weighing 230 grams per square meter or 0.8 ounces per square foot.
90.20(1)(c)
(c) "High tensile" means having a tensile strength of 179,000 to 210,000 pounds per square inch.
90.20(1)(d)
(d) "Medium tensile" means having a tensile strength of 101,000 to 123,000 pounds per square inch.
90.20(2)
(2) Specifications. Any person who keeps farm-raised deer shall keep the farm-raised deer enclosed by a fence that meets all of the following requirements:
90.20(2)(a)
(a) Except for animals of the genus rangifer, the fence is at least 7 feet 10 inches high and is a woven wire fence that satisfies
sub. (3), is a high tensile fence that satisfies
sub. (4) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity. The top 6 inches of the fence may consist of a single strand of smooth high tensile wire.
90.20(2)(b)
(b) For animals of the genus rangifer, the fence is at least 5 feet high and is a woven wire fence that satisfies
sub. (3), is a high tensile fence that satisfies
sub. (4) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity.
90.20(2)(c)
(c) If the fence is made with wood posts, all of the following apply:
90.20(2)(c)2.
2. The tops of the line posts are, if rectangular, at least 3.5 inches in the smallest dimension or, if round, at least 3.5 inches in diameter.
90.20(2)(c)3.
3. The tops of the corner and gate posts are, if rectangular, at least 5.5 inches in the smallest dimension or, if round, at least 5.5 inches in diameter.
90.20(2)(c)4.
4. The wires are held securely to the posts, allowing for free movement of the horizontal line wires, using 9-gauge staples of at least 1.5 inch size.
90.20(2)(d)
(d) If the fence is made with steel or iron posts, the posts are at least 11 feet long or, if the posts are of the type known as T post, the posts are at least 10 feet long.
90.20(2)(e)
(e) The wires are installed on the side of the fence toward the farm-raised deer except at corners.
90.20(3)
(3) Woven wire fence. A woven wire fence satisfies the requirements of this subsection if all of the following apply:
90.20(3)(b)
(b) If the wire is 14 1/2 gauge, the mesh is not larger than 36 square inches.
90.20(3)(c)
(c) If the wire is heavier than 14 1/2 gauge, the mesh is not larger than 48 square inches.
90.20(3)(d)
(d) The posts are not more than 12 feet apart.
90.20(4)
(4) High tensile fence. A high tensile fence satisfies the requirements of this subsection if all of the following apply:
90.20(4)(a)
(a) The horizontal line wires are not less than 2.5 millimeters in size and are heavily galvanized high tensile wire.
90.20(4)(b)
(b) The vertical stay wires are not less than 2.5 millimeters in size and are heavily galvanized medium tensile wire.
90.20(4)(c)
(c) The knot wire is not less than 2.24 millimeters in size and is heavily galvanized mild steel.
90.20(4)(d)
(d) The distance between vertical stay wires is not more than 6 inches.
90.20(4)(e)
(e) The distance between horizontal line wires is not more than 4 inches in the bottom foot of the fence, is not more than 6.5 inches in the next 2 feet of the fence and is not more than 8.5 inches in the rest of the fence.
90.20(4)(f)
(f) The posts are not more than 20 feet apart.
90.20 History
History: 1995 a. 79.
