Lawful fences of different kinds used for fence to enclose lands shall be as hereinafter
defined. (1) A rail fence shall consist of at least six rails, such rails to be secured by
stakes at the end of each panel, well set in the ground, with a rider on the stakes.
(2) A board fence shall consist of not less than three boards of at least five inches
in width and one inch thick; such boards to be well secured to posts; the posts
to be not more than eight feet apart. (3) A rail and post fence shall consist of at least three rails, well secured at each
end to posts; the posts not to be more than ten feet apart. (4) A pole and post fence shall consist of not less than four poles, to be well secured
to posts; the posts not to be more than seven feet apart. (5) A wire fence shall consist of at least four wires, of a size not less than number
nine fencing wire, to be well secured to posts, the posts to be at no greater distance
than one rod from each other; and there shall be placed between every two of the
posts one stake or post to which the wire shall be attached. Any of such wires may be a barbed wire composed of two or more single wire strands
twisted into a cable wire with metal barbs thereon averaging not more than five inches
apart, each of such single wire strands to be of a size not less than number twelve
and one-half gauge fencing wire. (6) A hog and sheep tight fence shall consist of one barb wire at the ground, next
above, one section of woven wire twenty-six inches high, consisting of not less than
seven strands, the upper and lower strands to be number nine wire, intermediate strands
to be number eleven wire with stays not more than twelve inches apart, and at the
top, three barb wires at intervals of six, nine, and nine inches; and the whole shall
be securely fastened to posts at no greater distance than one rod from each other,
and there shall be placed between every two of the posts one stake or post to which
the wire shall be attached. (7) All other fences made and constructed of boards, rails, poles, stones, hedge plants,
or other material which upon evidence is declared to be as strong and well calculated
to protect enclosures and is as effective for resisting breaching stock shall be considered
a lawful fence.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.