Florida Property Line and Fence Laws at a Glance. Fence and Property Line Laws in Florida: Overview. for such damage or injury. [11] The principle of this rule is that an owner digging a boundary ditch will normally dig it up to the very edge of their land, and must then pile the spoil on their own side of the ditch to avoid trespassing on their neighbour. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. composed, at least five feet high from the bottom of the ditch and three any kind from getting through.". Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. 668-70 (6th ed. A lawful fence is a good, substantial, sufficient, and well suited barrier that is sufficient to prevent animals from escaping property and to protect the property from trespassers. or damage on a property not enclosed by a lawful fence shall not be liable TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. –, This page was last edited on 11 November 2020, at 17:24. Partition fence expense sharing Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the Common fields were aggregated and enclosed by large and enterprising farmers—either through negotiation among one another or by lease from the landlord—to maximize the productivity of the available land and contain livestock. (d) A cattle guard not less than eight (8) feet wide and not less than six (6) feet across with a pit not less than two (2) feet six (6) inches deep with iron pipes not less than two (2) nor more than six (6) inches in diameter, iron rails or wooden rails not less than two (2) nor more than four (4) inches across the surface exposed to traffic, and not less than five (5) inches apart, constituting a part of a fence otherwise lawful and entering upon a public road or highway or entering upon a private or public road or passway over the land of another adjacent landowner. Legal definition for FENCE: ((noun)) A hedge, structure, or partition, erected for the purpose of inclosing a piece of land, or to divide a piece of land into distinct portions, or to separate two con The email address cannot be subscribed. A fence is a structure that encloses an area, typically outdoors, and is usually constructed from posts that are connected by boards, wire, ... Legal issues. The "open range" tradition of requiring landowners to fence out unwanted livestock was dominant in most of the rural west until very late in the 20th century, and even today, a few isolated regions of the west still have open range statutes on the books. Statutory requirements relating to lawful fences vary by state. to the type of animal enclosed therein. All rights reserved. Ownership of a fence on a boundary varies. The law is also subject to change from time to time and legal statutes and regulations vary between states. the material used and even the appearance of a fence. One solution to this situation is for neighbors to work together to create a partition fence, a fence that effectively separates the properties. Some regulations require that fences are not Fence, sight-obscuring means a barrier consisting of wood, metal, concrete or masonry arranged in such a way as to obstruct or obscure vision, or to enclose an area. Large commons with livestock roaming have been greatly reduced by 18th and 19th century Acts for enclosure of commons covering most local units, with most remaining such land in the UK's National Parks. However, the remaining vast tracts of unsettled land were often used as a commons, or, in the American West, "open range" as degradation of habitat developed due to overgrazing and a tragedy of the commons situation arose, common areas began to either be allocated to individual landowners via mechanisms such as the Homestead Act and Desert Land Act and fenced in, or, if kept in public hands, leased to individual users for limited purposes, with fences built to separate tracts of public and private land. By the sixteenth century the growth of population and prosperity provided incentives for landowners to use their land in more profitable ways, dispossessing the peasantry. (noun) – A hedge, structure, or partition, erected for the purpose of inclosing a piece of land, or to divide a piece of land into distinct portions, or to separate two contiguous estates. The following is an example of a state statute (Kentucky) defining the term: (a) A strong and sound fence, four (4) feet high, so close that cattle cannot creep through, made of rails, or plank, or wire and plank, or iron, or hedge, or stone or brick; or, (b) A ditch three (3) feet deep and three (3) feet broad, with a hedge two (2) feet high or a rail, plank, stone, smooth or barbed wire or brick fence two and one-half (21/2) feet high on the margin of the ditch, if the fence is so close that cattle cannot creep through; or, (c) A well-constructed gate four (4) feet high so close that cattle cannot creep through, made of wood slats and wood framing or made of metal slats and framing either or both, forming a part of a fence otherwise lawful and entering upon a public road or highway or entering upon a private or public road or passway over the land of another adjacent owner; or.