Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.
Colorado Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half
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FAQ
Unless property owners agree otherwise, fences on a boundary line belong to both owners. Good neighbors should agree to split repair costs for fences or common boundary walls. Both owners are responsible for the fence's upkeep.
These requirements are known as ?fencing in? laws and ?estray statutes.? However, within a designated grazing area, the law changes to one of ?fencing out?, meaning any property owner who does not want cattle to wandering onto their property must build a fence to keep them out.
In rare cases, Colorado law allows people who trespass and encroach on other's land for18 years, reasonably believing it to be their own, to develop an ownership claim to the property. Many types of disputes can arise between Colorado neighbors.
Fences four-feet or shorter do not require a permit. Fences between four-foot and six-foot require zoning permits. Fences taller than six-feet require an over-height permit. All fences over-height must meet conditions stipulated in Denver Zoning Code for approval.
It is unlawful for the owner or any person in charge of any livestock knowingly to cause or permit such livestock to graze or run at large in any incorporated or unincorporated municipality, lane, road, or public highway if the same is separated from the land or range of such owner or person in charge by a fence or ...
In Colorado, livestock owners are not required to fence their livestock in. Instead, if landowners want to keep livestock off their property, they must fence the livestock out. This is sometimes referred to as the ?Open Range Law?, but the concept of open range is not a law.
Unless property owners agree otherwise, fences on a boundary line belong to both owners. Good neighbors should agree to split repair costs for fences or common boundary walls. Both owners are responsible for the fence's upkeep.