Montana Statewide Rule

Montana Partition Fence and Boundary Fence Law

Some RestrictionsApplies statewide across Montana (2026)

Montana statute MCA 70-16-205 establishes the partition fence rule: when a neighbor encloses land bordering an existing fence, they must pay a just proportion of the fence value. Property line fence disputes also fall under Montana spite fence and adverse possession doctrines.

Key Facts

Partition fence statute: MCA 70-16-205
Open range rule: MCA 81-4-201
Adverse possession: MCA 70-19-411
Cost sharing: Just proportion required

Source: Montana Legislature

Full Breakdown

Under MCA 70-16-205, when a person encloses land joining a fence already built by their neighbor, they must refund a just proportion of the fence's value. Montana also follows the open range doctrine in much of the state under MCA 81-4-201, where landowners must fence livestock out rather than in. The state Supreme Court recognizes spite fence claims under nuisance principles when fences serve no legitimate purpose. Boundary fence placement can also trigger adverse possession analysis under MCA 70-19-411 if maintained openly for the statutory period. Counties may adopt herd districts that reverse the fencing-out rule.

Violations & Penalties

Civil action for contribution under MCA 70-16-205. Nuisance and adverse possession remedies available through district court.

Frequently Asked Questions

Does my Montana neighbor have to share fence costs?

Yes, under MCA 70-16-205, if your neighbor encloses land using your existing fence, they must pay a just proportion of its value.

Is Montana an open range state?

Yes, Montana generally follows open range doctrine under MCA 81-4-201, requiring landowners to fence livestock out unless within a herd district.

Sources

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