(1) The owner of real property who constructs a fence shall pay for the construction and maintenance of that fence.

    (2) If an adjoining property owner or a tenant using the property of the adjoining property owner uses or begins to use the fence for purposes of restraining or containing animals the adjoining property owner or tenant shall compensate the owner of the real property who constructed the fence for the adjoining property owner’s proportionate share of the current value of the fence as determined by the parties and based upon the adjoining property owner’s use of the fence. In the alternative, the adjoining property owner may construct his own fence.