Rules for Fencing Cattle

Rules for fencing cattle vary from state to state and are ever changing. In England, a livestock owner was strictly liable for any damage done by his livestock and "fence-in" was the term used. During the settlement of the United States, open-range with cattle roaming freely was the way of life. Many states today still have open-range laws where the animal actually has the right-of-way and the person who does not want his neighbor's cow on his property must fence the animal out. This is called "fence-out." Today, the open-range laws, though still in existence, are being modified so that the traveling public does not have to worry about livestock on highways and Interstates.



One thing is certain, good fences make good neighbors. In most areas of the United States, an existing fence is maintained by owners on both sides of the fence, and states have statutes to that effect.

  1. Fence-In Laws

    • In England, livestock owners were financially responsible for any damage their livestock did to others. This meant that livestock owners had to keep their livestock securely on the owner's property. The livestock owners constructed the highest and strongest fences they could. If an animal escaped, even with all the precautions, the owner was still held liable.

      This choked the livestock industry as the fences were expensive to maintain and some animals were more prone to escaping than others. Many livestock owners actually hired guards to ensure that any gate that was opened was also shut to keep his livestock secure.

    Fence-Out Laws

    • The United States was wide open and the livestock industry was a major player in the early development of the nation. Cattle barons and farmers often fought over water holes and fences. The farmer had to build fences to keep wandering cattle out of his crops. In the desert southwest, water was a precious commodity. If someone tried to fence a water hole for personal use, both thirsty livestock and gun-toting cowboys would tear down the fence. Real-life range wars have led to both death and movie productions of the era.

      During the expansion of railroads, the railroad had to pay for any livestock that were injured by a train. Today, railroads are still fiscally responsible to pay a livestock owner's loss in open-range states. Most railroads have been "fenced-out" for a number of years, though maintenance can still lead to an occasional loss.

    Modified Open-Range

    • Today, modified open-range provides protection for both the livestock industry as well as the public. While in many states, the cattle still have the right-of-way, fences have been constructed to keep the cattle off highways and Interstates. Neighbors work together to ensure all bordering fences are maintained and livestock are not allowed to wander from their owner's property.

      Along highways and Interstates, the Department of Transportation is required to ensure the fences are maintained. However, if a cow does get onto the highway and cause an accident, many livestock owners have been successfully sued for neglecting their fences and livestock.