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.
Montana Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property
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US-00944BG
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How to fill out Agreement Between Adjoining Landowners To Maintain Fence Partitioning Agriculture Property?
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FAQ
Fences between four (4) and seven (7) feet require a Planning Division permit. Fences eight (8) feet and over require a building permit. All fences must be placed on private property; and not located on the public right of way or a neighbor's property. LOCATION OF PROPERTY LINES IS THE RESPONSIBILITY OF THE APPLICANT.
Montana has ?open range? laws that provide in most parts of the state a property owner must put up a fence to keep livestock out; the owner of the livestock does not have an obligation to put up a fence to keep livestock in. Think of open-range laws as requiring ?fencing out.?
If the land of one owner is entirely surrounded by the land of another, each owner shall maintain all fencing to the right, as viewed from the owner's land, of the northeastern corner of the surrounded land or, if there is more than one northeastern corner, then from the northernmost northeastern corner to a point ...
Montana has ?open range? laws that provide in most parts of the state a property owner must put up a fence to keep livestock out; the owner of the livestock does not have an obligation to put up a fence to keep livestock in. Think of open-range laws as requiring ?fencing out.?
No property owner has the right to erect and maintain an otherwise useless structure just to annoy or injure a neighbor. The neighbor injured by the fence is entitled to have the fence removed and seek monetary damages from the fence builder.
70-16-204. Trees on or near boundary. (1) Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common. (2) Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another.
