§664-23  Hearing, order, kind of fence and markers, etc.  [(a)]  At the time set for the hearing of the petition[,] the court and the parties shall view the line of fence or proposed fence.  The court shall decide equitably on the kind of fence to be built or maintained as circumstances or desired purposes may require and the portion or portions to be erected or maintained by either the respective land owners or any of the occupants or lessees of the particular parcels of land affected, insofar as their respective interests are concerned, or the share which each shall contribute to the cost thereof.  When the desired fence serves primarily for boundary identification[,] the court may order that pipes set in concrete monuments or other satisfactory boundary markers of a somewhat permanent nature may be installed and maintained at all corners, end points[,] or angle points of each boundary fence and may also order that commonly used fence posts be installed along the boundary under consideration at approximately equal intervals or spans ranging in distance from twenty feet up to five hundred feet, to identify such boundary[,] and in all such boundary identification cases it may waive the use of wire or the full compliance with the requirements of a lawful fence.

     [(b)]  When the desired fence is intended for the purpose of confining animals of each adjacent owner, adjacent occupant, or adjacent lessee of land in their respective lands, the court shall decide equitably on the kind of fence to be built or maintained, to the end that trespass shall be prevented and that injury or damage to either party shall be reduced to the very minimum, and the portion or portions to be erected or maintained by either the respective land owners or any of the occupants or lessees of the particular parcels of land affected, insofar as their respective interests are concerned, or the share which each shall contribute to the cost thereof.

     [(c)]  The court shall specify the time within which the work shall be done and shall decide all disputes which may arise between the parties concerning the same and shall thereupon enter a decree.

     [(d)]  In case any party neglects or refuses to build or maintain or to pay the party's share of the cost thereof in accordance with the decree, the court, upon application therefor by the party aggrieved, may direct compliance with the decree at the expense of the defaulting party and enter judgment for the amount thereof, or for the defaulting party's part of the cost thereof if the work has been done, and issue execution therefor, or may enforce compliance with the decree by other appropriate proceedings. [L 1931, c 101, §3; RL 1935, §3673; am L 1935, c 52, §2; am L 1941, c 219, §2; RL 1945, §10214; RL 1955, §234-22; HRS §664-23; am L 1972, c 90, §6(g), (h); gen ch 1985]

Rules of Court

  Enforcement of judgment for specific acts, see HRCP rule 70.

Case Notes

  Notice required of proceeding to assess expense.  5 H. 286 (1885).

  Decree must include time within which work shall be done.  7 H. 266 (1888).