Wyoming Statewide Rule
Wyoming Fence-Out Doctrine and Partition Fence Statute
Key Facts
- Doctrine
- Fence-out state
- Statute
- W.S. 11-28-101 et seq.
- Lawful fence
- Three barbed wires
- Cost sharing
- Equal between owners
- Dispute body
- County-appointed viewers
Summary
Wyoming is a statewide fence-out jurisdiction, meaning landowners must fence livestock out of their property to recover damages, and adjoining owners share lawful partition fence costs equally under state law.
(a) Except as otherwise provided, the owner of any lawful fence which is or becomes a partition fence separating the owner's land from that belonging to some other person may require the person to pay for one-half (1/2) of what it would or does actually cost to construct the partition fence. In case of refusal, the owner may maintain a civil action against the person refusing and is entitled to recover one-half (1/2) of what it would or did actually cost to construct that portion of the partition fence used by the person and costs of suit. The joint users of a partition fence shall contribute to the cost of maintenance in proportion to their respective interests and if either refuses to pay his share of the cost of maintenance, the other may recover maintenance costs in the manner provided for recovering the cost of construction.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Is Wyoming a fence-in or fence-out state?
Who pays for a shared fence between Wyoming neighbors?
Sources
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