Well Howard, then I won't be following the law, as I will never ask someone to pay for my fence if they have no need for one. Around here most just put up their own fence. I have one in poor shape between us & a couple land owners with no cattle or any form of livestock. When I get to it, I plan to doze the old fence line out, then put up new....all on my tab.
Number 1)
I agree with you.
Number 2)
Law doesn't say you HAVE to ask your neighbor to pay, just that if the request is made in a proper form that the neighbor has to pay. If you haven't asked, no one is breaking the law.