Fence Laws Mindy Hubert, Small Acreage Field Specialist.
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Fence LawsMindy Hubert, Small Acreage Field Specialist
http://legis.state.sd.us/statutes
“Good Fences make Good Neighbors”
If neighbors can agree on fence construction and maintenance, then there is no issue.
“Unless otherwise agreed upon”…precedes all law
Common Issues
One landowner doesn’t have livestock Still benefits from fence-keeps livestock
out Common on newer acreages adjacent to
ranches
SD Codified Law 43-23-1
Every owner of land shall be liable for one-half of the
expense of erecting & maintaining a partition fence. However, no landowner is liable for such expense if:
neither landowner keeps livestock on the affected tract of land
neither landowner derives any other substantial benefit from the fence for a period of 5 years from the date of erection or repair of the fence.
SD Codified Law 43-23-2
Each owner of adjoining lands shall build the half of fence on their right hand when standing upon their own land and facing the line upon which the proposed fence is to be built.
Many landowners agree to otherwise
Common Issues: neglectful
One landowner (with livestock) neglects their fence repair duties
43-23-5: Owner of the adjoining land may serve upon the delinquent owner a notice in writing demanding : delinquent owner shall erect or repair a legal fence
along one-half of such line, describing it within 30 days from the date of the service of the notice.
Frozen earth exception 43-23-7 protects a delinquent owner
from building a partition fence when ground is frozen.
Common Issues: neglectful If still no action by negligent landowner,
the aggrieved owner may: Recover cost of erecting or repairing
the partition fence in a civil action Recover compensation for the time spent Place a lien on negligent landowner
Refer to lawyer if answer not clear
Common Issues: One landowner has buffalo (or elk)
Same laws apply, but owner of “specialized” livestock must pay additional costs over those of legal fence.
Common Issues: Trespassing Livestock Chapter 40-28:
Permitting adult male animals to run at large
Castration lawful for adult male animal running at large
Running at large defined. Liability for trespass by livestock--Exception
where fence inadequate. Trespass liability not applicable to unfenced
lands within national forest
Common Issues: Livestock “Running at Large”
Petty offense to let male animals “run at large” 40-28-1 =intentionally left outside of legal fence by
owner/manager Stallion > 18 months old Bull > 10 months Ram or boar > 8 months
Lawful castration allowed under 40-28-2
If neighbors cannot agree to otherwise, then a legal fence must be built
legal fence
sound wood posts 6.5‘ x 4”, firmly set 2 feet in the earth not over 30 feet apart
concrete posts 6‘ x 4” or larger reinforcing rod
steel posts At least 5.5‘ long 7 inches in the earth not over 20 feet apart
legal fence combination of steel and concrete/wood
posts in a ratio of < or = 3 steel posts to 1 of wood or concrete
posts must be braced at ends, corners, gateways
4 strands of ordinary barbed fencing wire shall
be firmly stretched & securely attached strands @18”, 28”, 38”, and 48” from the
earth. A deviation of not more than 2” in wire spacing
is in compliance.
Fence DesignPermanent & Temporary
Permanent Fences Consider nature of livestock being
contained Horses Sheep & goats Cattle
Permanent Fences: Horses Due to flight nature, fences are major
cause of injuries Five feet is minimum required height for
most horses (nose height) Better to erect new fences than put
“band aids” on old fences
Permanent Fences: Horses Polyvinyl Split Rail Electric/high tensile Barbed wire (& Modified)
Polyvinyl: $5-$7 per lineal foot Advantages
Attractive Minimal maintenance Generally safe
Disadvantages Professional installation often required Cross-fence contact is possible (depending
on height) Sections of fence can break or shatter,
depending on quality
Split Rail (~$3-$4 per lineal ft.) Cost varies with wood type, # of boards, etc.
Cedar, oak or treated pine often used Advantages:
Provides rustic charm to properties Highly visible and relatively safe not likely to cause physical harm unless the
collision is hard enough to break the rail less likely to get a hoof hung up
Disadvantages: Maintenance expense can be significant
Permanent Electric (<$1/ft.) Advantages
Keeps horses away from fence line Inexpensive Safe, if operating properly
Disadvantages Grounding issues in dry climates Harder for livestock & wildlife to see
(smooth wire) Training period needed for horses More maintenance/fire hazard
Barbed Wire ($1.10/ft. installed)
Advantages Cheap Often in place when new landowner arrives Lasts decades
Disadvantages Can cause severe damage to horses
Especially in smaller areas or pastures Young or inexperienced horses need a
babysitter horse or intensive “training period”
Modified Barbed Wire Add an electric strand to the top of
existing barbed wire fence. Keeps livestock on both sides of fence
away Add extended insulators to metal
posts to set hot wire away from fence Does not keep animals on other side of
fence away from fence line
Temporary FenceElectric
Why Temporary? Ideal for short-term/rotational
grazing• Horses are very selective• Allows for more grazing control• Great for hard to fence areas or driveways
Quick and easy set up/tear down Should NOT be used long-term
Types of Temporary Fence Usually constructed of electric
materials, although may not always be electrified
Electric tape or rope With appropriate insulators 1 or 2 strands sufficient Something attached to increase visibility.
Sheep & goatsFence Requirements
Sheep & Goat Fence/ woven wire < $1/ ft.
~48” tall
• 4” or > square openings (5”x6”)
• Helps keep predators out/livestock in
• Install close to ground and keep tight
• May need electric standoff wire on the
interior of the fence to eliminate the
possibility of heads getting caught in
large square openings
Electrified netting < $1/ ft.
Comes in rolls that
may include
fiberglass posts for
easy installation (For
temporary uses)
Line Fence for Sheep/Goats
• Cheap= < $0.25/ft.• Many combinations of
materials (usually electric)
• Posts are fiberglass, metal or wood.
• Fence is high-tensile, rope or polywire.
• Frequent stretching required.
Combination Woven/ HT
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