Montana Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

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US-01134BG
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Demand On Adjoining Landowner To Repair Portion Of Damaged Partition Fence?

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FAQ

The essence of open range was the free grazing of cattle on millions of unfenced acres of public land. It was possible to become wealthy raising cattle without owning any acreage. Although most ranchers owned a base operation, some owned millions of acres. America's open range started with the Civil War [1861-1865].

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.

Even if a right-of-way fence is determined to be unwarranted pursuant to subsection (3), gates, stock underpasses, water facilities, and cattle guards may be installed where necessary to enhance safety and to make the land on either side of the highway usable for livestock purposes or where a public right-of-way ...

Here are some basic tree laws observed in Montana: Ownership of a tree is determined by the location of the trunk. Trees growing on a boundary line are shared property, and no single neighbor can decide to remove the tree. Trees that threaten to damage someone else's property can be declared a nuisance.

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 ...

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Montana Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence