Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 15-1439

February 20, 1915

BY: FRANK W. CLANCY, Attorney General

TO: Mr. J. A. Conway, Prairie View, N. M.

As to the building of a fence upon a section line.

OPINION

{*28} I have received your letter of the 15th inst. in which you say that your well is on one side of a section line and your pasture on the other side and you desire to know if you have the right to fence the section line. I assume from what you write that your land is on both sides of the section line. There is nothing sacred about a section line so as to prevent you from fencing your land even though your fence crosses that line. The County Commissioners might establish a public highway along the section line, but until they have done so there is no objection to building a fence across the line. Even if they should establish such a road, in order to get the ground for it they would need the consent of the {*29} owners where it is held in private ownership or they would be compelled to pay for the necessary land.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.