New Mexico Statewide Rule

New Mexico Fence-Out Law: Livestock and Legal Fences (NMSA 77-16)

Light RestrictionsApplies statewide across New Mexico (2026)

Key Facts

Rule type: Fence-out / open range
Governing law: NMSA 1978, Sections 77-16-1 to 77-16-18
Legal fence specs: Sections 77-16-4 to 77-16-8
Livestock defined: Cattle, horses, sheep, hogs, goats, buffaloes
Forum: District court civil action

Last verified: July 31, 2026

Summary

New Mexico is a fence-out state. NMSA 1978, Section 77-16-1 puts the burden on the landowner to build a legal fence to keep trespassing livestock off cultivated land; a neighbor who wants damages must first enclose the property to statutory specifications.

Every gardener, farmer, planter or other person having lands or crops that would be injured by trespassing animals, shall make a sufficient fence about his land in cultivation, or other lands that may be so injured, the same to correspond with the requirements of the laws of this state prescribing and defining a legal fence.

View official code

Full Breakdown

Section 77-16-1 requires every gardener, farmer, or landowner whose crops could be harmed by animals to build a sufficient fence matching the state's legal-fence specifications, set out for barbed wire, board, pole-and-post, and stone, adobe or woven-wire fences in Sections 77-16-4 through 77-16-8. Section 77-16-2 defines livestock to include cattle, horses, sheep, hogs, goats and buffaloes. Under Section 77-16-3, the right to damages and a lien on trespassing animals depends on having enclosed the land with that lawful fence. Boundary-fence and trespass disputes between neighbors are decided in New Mexico district court.

Violations & Penalties

Cutting or damaging a neighbor's lawful fence violates Section 77-16-10, and opening it to make a road is barred by Section 77-16-13; leaving a gate open that frees livestock creates liability for the resulting damages under Section 77-16-14.

Frequently Asked Questions

Is New Mexico a fence-out or fence-in state?

Fence-out. Under NMSA 1978, Section 77-16-1 a landowner must build a legal fence to keep trespassing animals off cultivated land; livestock owners are not required statewide to fence their animals in.

Do I need a lawful fence to sue for animal damage?

To claim damages and a lien on trespassing animals under Section 77-16-3, your land must be enclosed by a fence meeting the specifications in Sections 77-16-4 through 77-16-8.

Does New Mexico force neighbors to split boundary-fence costs?

No statewide statute mandates cost-sharing. Article 16 sets legal-fence specifications and liability rules, but adjoining owners arrange boundary-fence construction and cost by private agreement or local rule.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.