Montana Agreement between Adjoining Landowners to Maintain Partition Fence
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FAQ
Residential fence height: 4' tall in the front yard (from the end of the public right-of-way to the front of the house), and 6' tall (from the front of the house through the backyard). Contact Code Enforcement at Planning & Community Development (406) 455-8574.
Fences have a maximum height of six feet in residential areas, which is lowered to four feet for fences in the front yard. Additionally, if you plan to use the land for agricultural purposes, the fence has to be at least four feet and two inches high.
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.
A lawful fence is ?a fence with not less than four boards per 4 feet of height; said boards to be spaced no farther apart than twice the width of the boards used fastened in or to substantial posts not more than 12 feet apart with no stay, or a fence of four barbed wires supported by posts not more than 15 feet apart ...
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.
When a division fence exists by agreement, each party shall keep a lawful fence on his/her portion of the line. If a party fails to keep a lawful fence, then they are liable for all damages to trees, crops, livestock, etc. to the other party that occurs from trespassing livestock over the division fence.
There should be at least a 3-ft gap between your house to the property line and the same goes for your neighbor. Suppose you decide to build the fence right on the 3-ft mark, your neighbor may file a civil case against you.
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 ...
