Montana Fence Line Agreement

State:
Multi-State
Control #:
US-13395BG
Format:
Word; 
Rich Text
Instant download

Description

An agreed boundary is when property owners approve a new line dividing their properties. The line may not be the true boundary, and it does not have legal force until both parties sign a lot line agreement.
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FAQ

Montana is primarily considered a 'fence out' state, meaning that landowners are responsible for keeping their livestock contained within their property boundaries. This places the responsibility on property owners to build and maintain effective fencing. The Montana Fence Line Agreement helps clarify these obligations, ensuring that both neighbors understand their responsibilities regarding livestock and property lines. This agreement can prevent misunderstandings and foster positive relationships among neighbors.

The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 10 feet, while the front and back require around 10 20 feet at a minimum.

Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

Fences between four (4) and six (6) 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.

How Close To The Property Line Can I Build? Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Customers having new fencing installed often ask us exactly where they should position their new fence. Getting it right avoids (potentially costly) disputes over encroachment in the future. As a rule of thumb, the outer face of the fence should be placed along the boundary. The posts should stand on your land.

Each landowner is responsible for maintaining one half of the boundary fence. The portion designated for you to maintain is determined by standing at the midpoint of the shared boundary and looking toward your neighbor's property. You maintain the half that is to your right.

In most cases, if you add an outdoor structure such as a fence, you need a permit. However, it specifically depends on the codes, zoning and regulations of where you live. In some cases, you may not need a permit but you must adhere to the local regulations regarding height limits and specific fence materials.

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Montana Fence Line Agreement