West Virginia Partition Fence Cost-Sharing Between Adjoining Landowners

West Virginia Code 19-17-5 splits partition-fence costs: adjoining owners whose land is used for agricultural, horticultural, grazing, or livestock purposes each bear a just proportion of constructing, repairing, and maintaining the boundary fence. A neighbor who wants to build or repair first serves written notice under 19-17-7; the other owner has ten days to answer in writing with objections or become liable for their share. If owners disagree on the proportion or which part each maintains, either may bring a civil action in magistrate or circuit court under 19-17-8. An owner who lets land lie open owes nothing until they enclose or use it for those purposes.

Ignoring a 19-17-7 notice for ten days makes the silent owner liable for their just proportion of the fence cost. Refusing to repair under 19-17-10 exposes the owner to damages recoverable by civil action.