§ 3808. Liability of person bound to build fence

When a person bound to support a portion of the division fence does not make or maintain his or her portion, he or she shall be liable for damages done to or suffered by the opposite party in consequence of such neglect. An owner or occupant of adjoining lands, after 10 days from the time notice is given to the opposite party, may make or put in repair the fence and recover from the opposite party damages arising from the neglect, with the expense of building or repairing the fence. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 2009, No. 154 (Adj. Sess.), § 184.)