Wyoming Fence-Out Doctrine and Partition Fence Statute

Wyoming Statutes Title 11, Chapter 28 governs partition fences and livestock liability statewide. Under the fence-out rule, a landowner generally cannot recover for livestock trespass unless their property was enclosed by a lawful fence meeting state specifications. W.S. 11-28-102 defines a lawful fence (typically three barbed wires on posts at specified heights). When two adjoining owners both use a partition fence, W.S. 11-28-108 requires them to share maintenance costs equally. Disputes over contribution can be resolved by viewers appointed by the county. These rules apply uniformly across Wyoming and govern rural neighbor fence relationships.

Failure to maintain a lawful fence may bar livestock damage claims. Refusal to pay a partition fence share allows the other owner to recover costs through county viewer proceedings or civil action.