Existing fence becoming partition fence; action for payment
Sec. 16. (a) If a person who encloses previously unenclosed
property refuses to pay the owner of an existing fence under section
15 of this chapter, the owner may file a civil action for recovery of
the amount due under section 15 of this chapter.
(b) This subsection applies if, before a trial under subsection (a):
(1) the person who encloses the previously unenclosed property
offers to the owner of an existing fence; and
(2) the owner of the existing fence refuses to accept;
an amount equal to or larger than the damages awarded at the trial
and the costs accrued up to the date of the offer. The owner of the
existing fence shall pay the costs of the action and receive only the
damages assessed.
As added by P.L.2-2002, SEC.11.
Last modified: May 24, 2006