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Osage County schedules fence viewing after landowner dispute; commissioners explain process
Summary
After a landowner dispute over the location and maintenance of a fence on a 9‑acre parcel, the Osage County commissioners appointed themselves as fence viewers and scheduled an on-site viewing for Feb. 24 to document conditions and determine responsibility under Kansas fence‑viewer law.
Osage County, Kan. — At the Feb. 10 meeting the board heard a request from Patty Atchison for a formal fence‑viewer ruling on a disputed fence line that she said has been in place and used for pasture for more than 25 years.
Atchison told the board she and her family have used pasture on both the west and south sides of a 9‑acre parcel for decades and that a new owner claims the fence sits on his property and has demanded it be moved; she asked the county to issue a binding view that would specify who is responsible for building or repairing sections of the fence. "We... have rented this land and have cattle on it for more than 25 years," Atchison said as she described the historic use and the recent damage to a corner post caused when a tree supporting the fence was removed.
County legal counsel and staff reviewed Kansas law governing fence viewers and explained the process: either adjoining landowner may apply to the fence viewers (the county commissioners in the township where the fence is located), the viewers inspect the fence and assign each party responsibility in writing, record the decision in the register of deeds, and (per court guidance) perform additional views if disputes persist. Counsel noted viewers' decisions are binding while they are acting in that capacity; enforcement of monetary claims may require subsequent court action.
Action taken: The board agreed to conduct an on‑site fence view and scheduled a viewing at 08:30 a.m. on Feb. 24 (two‑week notice was discussed). Staff will send written notice to the two landowners, the commissioners will view the fence on site, and any binding action or written order will be made later at a regular meeting after the commissioners compare notes and document findings.
Why it matters: The fence‑viewer process gives neighbors a statutorily prescribed mechanism to allocate responsibility for shared fences without immediate court action, but it does not change property lines; if a party seeks to change a boundary, that would require separate court proceedings. The board also noted timber valuation and other cost determinations may be part of the viewers' report.
