Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 1306
Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws
# (a)
The adjoining owners or possessors of embanked marshes or meadows shall be obliged to join in cutting division ditches at least 8 feet wide and 21/2 feet deep, and in making fences at least 2 feet high within 1 foot of the edge of the ditches, at their common cost. The division ditches shall be well cleansed at least once a year and the fences kept in good repair, and they shall be deemed lawful fences.
# (b)
If any owner or possessor refuses or neglects to join in making the ditch and fence, or to keep the ditch in good order and repair, the adjoining owner or possessor may make or cleanse and repair the same, and may recover the proportion of the cost thereof as the fence-viewers determine the party neglecting ought to pay.
# (c)
A guardian shall be allowed any sum so expended or paid for that guardian’s ward, and a lessee or tenant may deduct the same from the lessee’s or tenant’s rent, unless otherwise stipulated by the contract. This section shall not be construed to repeal any special law respecting the improvement of marsh or meadow whereby any other provision is made concerning dividing ditches or fences.
Amendment history
70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 92
Source: view the official text
In this title (40 sections)
- 25-905 · Actions by heirs
- 25-906 · Accidental fire in house not waste
- 25-907 · Service of writ; judgment by default
- 25-908 · Procedure upon death of either party
- 25-909 · Judgment
- 25-910 · Writ of estrepement
- 25-911 · Injunction or writ of estrepement upon petition of lienholder
- 25-1101 · Unauthorized removal of landmarks and marking of boundary…
- 25-1102 · Perpetuating testimony of boundaries
- 25-1103 · Marking and bounding lands; procedure
- 25-1104 · Notice of commission meeting; powers of commission; recording…
- 25-1105 · Effect of commission’s return; savings provision
- 25-1106 · Boundaries fixed by agreement of parties
- 25-1107 · Right of holders of separate parts of tract or of younger…
- 25-1108 · Fees of commissioners, surveyors, chain carriers and witnesses
- 25-1301 · Lawful fences; height; barbed wire
- 25-1302 · Liability for trespasses; fence-viewers to assess damages
- 25-1303 · Fence-viewers; appointment; powers; quorum; compensation
- 25-1304 · Maintenance of partition fences; liability for enclosure of…
- 25-1305 · Judgment of fence-viewers; enforcement and penalty for…
- 25-1306 · Division ditches and fences; remedy for neglect to maintain;…
- 25-1307 · Recovery of awards by fence-viewers
- 25-1401 · Liability for damages; court’s authority to determine whether…
- 25-1402 · Method of ascertaining value of trees removed
- 25-1403 · Failure of defendant to answer
- 25-1404 · Abatement of action
- 25-1501 · Liability of owners or occupiers of land for injury to guests…
- 25-1601 · Written notice of pendency of action
- 25-1602 · Recording; indexing; cancellation
- 25-1603 · Filed notice of pendency; effect as to persons claiming…
- 25-1604 · Effective term
- 25-1605 · Mailing of notice of pendency to parties against whom notice…
- 25-1606 · Mandatory cancellation
- 25-1607 · Cancellation upon condition of security
- 25-1608 · Discretionary cancellation; hearing on probability of success…
- 25-1609 · Voluntary cancellation by party recording the notice
- 25-1610 · Effect of canceled or expired notice
- 25-1611 · Costs and attorneys’ fees
- 25-1612 · Fee for recording notice as taxable costs
- 25-1613 · Recording and marginal notation of judgment or stipulation of…