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Landowner asks Osage County to rule on disputed fence; commissioners schedule fence viewing
Summary
Landowner Patty Atchison requested a formal fence ruling after a neighbor cut trees supporting a corner post and declined to share repair costs. County staff outlined the Kansas fence-viewer process and the board scheduled a viewing for Feb. 24 at 8:30 a.m. to inspect the fence and determine share-of-responsibility.
A landowner asked the Osage County Board of Commissioners on Feb. 10 to issue a formal fence ruling after a neighbor allegedly cut trees that had been holding a corner post in place.
Patty Atchison (introduced to the board by the chair) told commissioners that a nine-acre pasture boundary has been enclosed by the same fence for decades, passing through several owners. She said a new owner has asked that the fence be moved, refused to contribute to the cost and cut a corner tree that had been serving as a post, leaving the fence "flopping around" and making it unusable for grazing.
County staff described the statutory process for "fence viewers" in Kansas. Under state statute, commissioners act as fence viewers in the county where a disputed partition fence is located: either adjoining owner may apply to the fence viewers, who will view the fence, then assign in writing each party’s equitable share of building, maintaining, or repairing the fence. The decision is recorded at the register of deeds and, while acting as fence viewers, the commissioners’ decision is final and binding. Staff also noted that issues such as changing a legal property boundary (for example via adverse possession) are matters for the courts and are beyond the fence-viewer role.
Staff advised the parties to schedule a mutually convenient day for the three commissioners to visit the property, to bring documentation and to avoid taking binding action at the viewing itself — any decision will be made back at a public meeting and recorded. Commissioners discussed notice and logistics and agreed to schedule a fence viewing for Feb. 24 at 8:30 a.m. with staff to send formal notice to the involved landowners.
What happens next: Commissioners will view the fence on the scheduled date, compare notes at a future meeting, and the board can issue a written order assigning responsibility (including assessing timber value if needed) which will be recorded in county records.
