If the owner of land ceases to improve it, or lays it in common, and gives notice thereof in writing to the adjoining owner, if known, or files such notice with the town clerk if the adjoining owner is unknown, he shall not be bound to repair his part of the division fence, after giving or filing such notice, so long as the land remains unimproved or in common; but he shall not remove his part of the partition fence in existence when the notice is given or filed.