Good fences make good neighbors
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Recently our Montana State University Extension Range Management Specialist, Jeff Mosley, addressed the question of fencing laws.
Every rural Montana landowner should know whether they are responsible for fencing their land to keep their own livestock within the confines of their property, or whether they are responsible for fencing their land when they want to prevent other people’s livestock from roaming onto their property. In other words, “do I need to ‘fence in’ my livestock, or do I need to ‘fence out’ other people’s livestock?”
The answer depends upon whether the land is legally classified as “open range” or “closed range.” On open range, the property owner is responsible for fencing neighboring livestock out. On closed range, the livestock owner is responsible for fencing livestock in. Contact the Montana Department of Livestock to find out the range designation in your area. Also be sure to review any subdivision covenants that may apply to your property or your neighbors’. For example, rural subdivision covenants often require lot owners within the subdivision to confine their livestock within their lot boundaries. However, if the rural subdivision is adjoined by open range, it is the responsibility of the subdivision lot owner to fence their property boundary if they don’t want livestock from the open range area roaming onto their lot.
Most of Montana is classified as open range, but closed range exists within all incorporated cities and towns. Closed range also exists within unincorporated, rural areas designated as “herd districts.” Montana fence law allows county commissioners to create herd districts when a majority of the land ownership in the proposed district petitions the county commissioners in favor of the new designation.
Finally, who owns and who maintains the boundary fence between you and your neighbor? If the fence is located on the property boundary, ownership and maintenance is shared equally. 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.
