§664-24  Pasturage in lieu of fences.  In case the court finds it to be inequitable or inexpedient to establish a fence between adjoining lands, either because of the nature or situation of the lands, the shortness of the unexpired term of a lease or agreement, the scarcity of fencing materials, or the conflicting rights of the parties, it may, if the lands are grazing lands, in lieu of fencing, decide how many animals each owner, lessee, or occupant shall be at liberty to pasture upon the owner's, lessee's, or occupant's land under a penalty to be specified in the decree. [L 1931, c 101, §4; RL 1935, §3674; am L 1935, c 52, §3; RL 1945, §10215; RL 1955, §234-23; HRS §664-24; am L 1972, c 90, §6(i); gen ch 1985]

Revision Note

  Semicolon after "the parties" changed to comma pursuant to §23G-15.

Case Notes

  Expensiveness of fence contemplated in comparison with value of land or poverty of one landowner does not render erection of fence "inexpedient".  4 H. 255 (1880).