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Commissioners assign fence-viewing responsibilities between neighboring parcels; order to be recorded under Kansas law
Summary
The Board declared a barbed-wire fence the partition fence between Parcel A (Levi and Robynn Snow) and Parcel B (JSM Trust), assigning repair responsibility for the southern line to Parcel A and 50/50 maintenance for the eastern line; the order cites K.S.A. 29-105(a) and requires recording under K.S.A. 29-304.
The Cherokee County Board of Commissioners issued a formal fence-viewing determination at the April 14, 2025 meeting. Commissioner Cory Moates moved that the barbed-wire fence observed on or about April 1 be deemed the partition fence between Parcel A (owned by Levi and Robynn Snow) and Parcel B (owned by JSM Trust). The motion assigned full responsibility for repair of the barbed-wire fence on the southern shared property line to the owners of Parcel A and established a 50/50 split for upkeep, maintenance and repair along the eastern shared property line; once construction is completed, both owners share upkeep on a 50/50 basis. The motion references Kansas statute K.S.A. 29-105(a) and directs recording with the Register of Deeds pursuant to K.S.A. 29-304.
Commissioner Moates’ motion was seconded by Commissioner Frazier and carried unanimously. The order specifies the parcels share approximately 773.36 feet of common boundary line—434.36 feet on the east side of Parcel A and 339 feet on the south side of Parcel A—and instructs that the partition fence be maintained in at least as good a condition as required by Kansas law. The Board’s action follows the attorney-client executive session in which the matter was discussed; no additional remedies or appeals were recorded in the meeting minutes.
