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Montana is what is known as a fence-out state, which means that in areas with open range, ranchers are under no legal obligation to prevent herds from meandering across property boundaries. Instead, landowners who want to keep cattle or horses off their land must build a fence themselves.
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.
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.
Fencing out was actually the law in California until 1915. Although the legislature was forced to repeal those laws due to increased urbanization and the conversion of land from ranching to other uses, individual counties still retain the right to apply fencing out laws by enacting open range ordinances.
Lawful fences are those that are made well enough to keep livestock out. Typical example: Three-line barbed wire fence. Pole or board fences are also acceptable. It is a misdemeanor to leave the gate on a lawful fence open, even if it is accidental.
Wyoming is a fence out state for cattle, meaning 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.
For instance, Wyoming has livestock districts and this can affect property line and fence law disputes. The state is considered a "fence out" state concerning cattle and domesticated bison. Thus, if you do not want livestock on your property, then it is your responsibility to fence them out.
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.
Wyoming is a fence out state for cattle, meaning 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.