244. The rural inspector of the division, on the written or verbal application of any owner or occupant who applies for the construction or repair, or any work necessary for the preservation, of any boundary fence between his land and that of his neighbour under article 1002 of the Civil Code, must visit the boundary in question, where, after having heard the interested parties, duly notified thereof by a special notice of three days, and examined the works required, he orders any party in default, whether complainant or not, to construct or repair his boundary fence, so that it be good and firm, within the time determined by such inspector. Such time must be as short as possible.
Such decision must be in writing, the original whereof is deposited in the archives of the municipality, and any interested party may obtain a copy thereof certified by the inspector.
Whenever the boundary fence, the construction, repair or preservation whereof is applied for, separates lands subject to rights exercised in common by several persons, and generally known under the name of “Cove” (“Anse”) or that of “Common” (“Commune”), from the bordering and abutting lands, or from the abutting lands only, the rural inspector, after visiting the place and hearing the interested parties, may order, by the decision to be rendered by him, that the work applied for under the first paragraph shall be publicly given out to the lowest tenderer, after public notice, and he may apportion the cost of such work among the interested parties in proportion to the share for which each is responsible.
M.C. 1916, a. 202; 1927, c. 75, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60.