The Farmer's Business Hand-Book; a Manual of Simple Farm Accounts And of Brief Advice An Rural Law
The Farmer's Business Hand-Book; a Manual of Simple Farm Accounts And of Brief Advice An Rural Law
Isaac Phillips Roberts
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present New York law. No man, in justice, should be compelled to fence against his neigh- bor's stock any more than he should be com- pelled to house or feed it. Yet the law compels one to do this, since it allows him no redress if he omits to fence and the neighbor's cattle tres- pass on him. If a man grows only fruit, he needs no fence. If he is compelled to fence his land in order to protect it from trespass, he is by that much contributing to his neigh- bor's welfare, with no return to hims...eH. The fruit-grower does not need or want property in fences, yet his neighbor can compel him to in- vest in such property. This may seem to violate a fundamental principle of common law that every Digitized by VjOOQ IC Line Fences 189 man should care for his own, and that no man should be compelled to purchase property that he does not desire. Extracts from the New York law follow: Each owner of two adjoining tracts of land shall make and maintain a just and equitable portion of the division fence be- tween such lands, unless one of such owners shall choose to let his lands lie open to the use of all animals which may be lawfully upon the other's land and does not permit any animals lawfully upon his premises to go upon the lands so lying open.
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