Livestock Fencing Laws
- Laws regulate the fencing of livestock.Fence and shadow of fence on snowy ground.. image by LiteWave from Fotolia.com
While livestock fencing laws vary by state, there are still many similarities. The primary function of a livestock fence is to protect property and to minimize liability in the case of accidents. The difference in interpretation of livestock fencing laws comes from determining if the livestock is to be fenced in to protect the animal or to be fenced out to protect property. Check with the local extension office for the exact laws in your state. - States like North Carolina pass laws requiring owners to fence in their livestock. Most states don't specify the type of fencing required, but do require that animals such as horses, cows, pigs, sheep, and goats be maintained on their owner's property and not allowed to roam. Depending on the state, dogs are sometimes included in the list as well. If an animal gets loose and causes an accident, the owner is liable. The exception would be if someone else opened a gate, allowing the animals to get out.
- Many of the western states, where livestock have free range for grazing, require property owners to fence livestock out if they don't want animals on their property. In a "fenced out" situation, it's the property owner's responsibility to prove that an animal wandered onto his fenced out property and caused damage. It's the property owner's responsibility to notify the animal's owner, or the appropriate authorities, that stray animals are on his property. While not all states specify the types of fences necessary to fence out animals, typically a three-strand barbed-wire fence is sufficient.
- Almost all livestock fencing laws involve the "right hand rule." Every property shares common boundaries, and the right hand rule addresses ownership for any given section of fence. To determine fence ownership, stand at the front of the property. All fences on the right half of that piece of land are the owner's responsibility. If the property faces a public thoroughfare, those fences on the left side also belong to the property. There are exceptions to the rule. Property owners can make other legal arrangements with their neighbors regarding common fences that may alter the right hand rule. If one property owner doesn't own livestock and the other does, the livestock owner has to be responsible for building and maintaining their common fence.
Fenced In Laws
Fenced Out Laws
Right Hand Rule
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