Montana Laws on Fencing Other People's Property

Montana has a few basic laws governing fences.

In Montana, laws concerning fencing relate mostly to keeping livestock off of a landowner's property, but Montana code also dictates fence size requirements and the duties of neighbors to maintain a fence.

Neighbors and Fences

Montana law requires that any existing fences on a property line must be maintained by both neighbors. Neighbors are to meet in the middle of the fence, and each neighbor is required to maintain the fencing to his right. The fence must be maintained on both sides, including the portion on the other person's property.

Open Range

In Montana, open range is the prevailing law. This means that if a landowner wants to keep livestock away, he must fence the cattle out. The neighbor with the cattle is not required to fence the cattle in.

Legal Fences

Montana allows several types of fences, such as those with sturdy barbed wire, fences made of woven wire at least 28 inches tall, fences with four horizontal boards and leaning or standing posts, and bluffs, rivers, hedges or mountain bluffs that are impassable to cattle.

References

• Montana State University: Fences in Montana