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