court. On remand the district court shall enter judgment in favor of Longfellow for the relief he requested. The judgment should require Sayler to bring his fence to a tight condition as defined by section 113.20 of the 1977 Code of Iowa within ninety days of the judgment, pay all the costs associated with the fence viewers’ proceeding, and tax Sayler the costs of this action. REVERSED AND CASE REMAND ED. 1 . All references to chapter 113 are to the 1977 Code of Iowa. In 1993 the Code editor traiisferred chapter 113 to chapter 359A. 2 . All references to chapter 359A are to the 2003 Code of Iowa. 3 . Although the Code requires the agreement to be in writing, this court has enforced oral agreements between landowners. See Osgood v. Names, 191 Iowa 1227, 1233, 184 N.W. 331, 333 (1921)
holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only  with the existence of the alleged oral contract holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract recognizing an oral partition fence agreement to keep in repair a portion of the partition fence holding that when the courts oral statements in the plea colloquy conflict with the written agreement the courts oral statements control holding that mere possession by a grantee under an oral agreement is not notice