context: Both parties have submitted that the Merriam-Webster Online Dictionary definition of "fence" should control. After exploring the meaning of fence in our case law and the case law of other jurisdictions, we find that the Merriam-Webster Online Dictionary definition accurately reflects the plain meaning of the word "fence."
citation_a.signal: see also
citation_a.parenthetical: describing a fence as "evidence of the fact of occupancy" in an adverse possession case
citation_a.sentence: See, e.g., State v. Williams, 209 W.Va. 25, 31, 543 S.E.2d 306, 312 (2000) (stating that remnants of a fence can be introduced as evidence for use in determining the location of a property line); Dustin v. Miller, 180 W.Va. 186, 189-90, 375 S.E.2d 818, 821-22 (1988) (discussing whether a strand of barbed wire strung between trees, described in the ease as a fence, created a notorious boundary line); Crim v. England, 46 W.Va. 480, 486, 33 S.E. 310, 312 (1899) (explaining that the purpose of the fence built in the case was to “supply certainty as to the land intended to be given”); see also Ewing v. Burnet, 36 U.S. 41, 46, 11 Pet. 41, 9 L.Ed. 624 (1837) (describing a fence as “evidence of the fact of occupancy” in an adverse possession case); United States v. Sarno, 24 F.3d 618, 623 (4th Cir.1994) (describing a four feet high physical perimeter barrier as a fence); Burke v. Ski Am., Inc., 940 F.2d 95, 98 (4th Cir.1991) (describing plastic webbing as a fence, the purpose of which is to warn skiers of stones and trees, not to provide a protective barrier).
citation_b.signal: see
citation_b.identifier: 46 W.Va. 480, 486
citation_b.parenthetical: explaining that the purpose of the fence built in the case was to "supply certainty as to the land intended to be given"
citation_b.sentence: See, e.g., State v. Williams, 209 W.Va. 25, 31, 543 S.E.2d 306, 312 (2000) (stating that remnants of a fence can be introduced as evidence for use in determining the location of a property line); Dustin v. Miller, 180 W.Va. 186, 189-90, 375 S.E.2d 818, 821-22 (1988) (discussing whether a strand of barbed wire strung between trees, described in the ease as a fence, created a notorious boundary line); Crim v. England, 46 W.Va. 480, 486, 33 S.E. 310, 312 (1899) (explaining that the purpose of the fence built in the case was to “supply certainty as to the land intended to be given”); see also Ewing v. Burnet, 36 U.S. 41, 46, 11 Pet. 41, 9 L.Ed. 624 (1837) (describing a fence as “evidence of the fact of occupancy” in an adverse possession case); United States v. Sarno, 24 F.3d 618, 623 (4th Cir.1994) (describing a four feet high physical perimeter barrier as a fence); Burke v. Ski Am., Inc., 940 F.2d 95, 98 (4th Cir.1991) (describing plastic webbing as a fence, the purpose of which is to warn skiers of stones and trees, not to provide a protective barrier).