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.
Wyoming Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property
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By law, Wyoming is a ?fence out? state, which means that landowners are responsible for protecting their own property from ranging livestock. A stock-owner is not liable for trespass or damage if a property is not adequately protected by a ?lawful fence.?
The joint users of a partition fence shall contribute to the cost of maintenance in proportion to their respective interests and if either refuses to pay his share of the cost of maintenance, the other may recover maintenance costs in the manner provided for recovering the cost of construction.
Section 11-28-106 - Construction and maintenance of partition fences (a) Except as otherwise provided, the owner of any lawful fence which is or becomes a partition fence separating the owner's land from that belonging to some other person may require the person to pay for one-half (1/2) of what it would or does ...
Wyoming is a fence out state for cattle, meaning that landowners who prefer not to have livestock on their property are responsible for fencing them out. Traditionally this is due to the large proportion of open range in the state.
In 1971, the Wyoming DOT began constructing snow fences along Interstate 80. Workers installed 18.3 km (11.4 mi) of snow fences to protect the 27 sites where drifting snow had buried the highway the year before. The following winter showed just how valuable snow fences were.
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.
Generally, a lawful fence is a fence constructed well enough to keep out livestock. Wyoming Statute §11-28-102 stipulates that 3-strand barbed wire, board, pole or rail fence are all acceptable, and the statute provides some examples and specifications.