DoesMy Neighbor Have to Pay Half the Cost of a Fence to Keep Animals Out in Colorado?
Full Question:
Answer:
The answer will depend on the type of animal, such as horses, cattle, mules, asses, goats, sheep, swine, buffalo, and cattalo, which are covered by the livestock fencing laws of Colorado.
Please see the following CO statutes:
35-46-112. Partition fences.
Where the agriculture or grazing lands of two or more persons adjoin,
whether or not such lands are farmed or grazed, it is the duty of the owner
of each tract to build one-half of the line fence, such fence to be a
lawful fence as described in section 35-46-101. When the owner or tenant of
any agricultural or grazing lands owns a previously erected lawful fence
upon any line between such land and the agricultural or grazing lands of
any other person, and such other person or anyone holding under such
person, occupies the adjoining land, it is the duty of such owner to pay
the person owning such fence one-half of its cash value.
35-46-113. Cost and repair — how recovered.
Partition fences between agricultural and grazing land shall be erected
and also kept in repair at the joint cost of the owners of the respective
adjoining tracts, except as otherwise agreed by such owners. If after
thirty days written notice, served personally or by registered mail by
either the owner or tenant of one tract upon the owner or tenant of the
other tract, such other owner neglects or refuses to erect or repair
one-half of the partition fence, the person giving notice may proceed to
erect or repair the entire partition fence and collect by a civil action at
law one-half the entire cost thereof from the other owner. Any judgment
obtained against the owner of any land for the value of his share of any
such partition fence or the repair thereof shall be a lien upon such
owner's land to which such fence is appurtenant, and a special execution
may issue and be levied upon the land to which such fence is appurtenant as
in the manner now prescribed for the levying of an execution under the
foreclosure of a mortgage upon real property. Such land may be sold under
sheriff's sale for the purpose of satisfying such special execution in the
same manner as is now provided for the foreclosure of mortgages on real
property.
35-46-101. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Lawful fence" is a well-constructed three barbed wire fence with
substantial posts set at a distance of approximately twenty feet apart, and
sufficient to turn ordinary horses and cattle, with all gates equally as
good as the fence, or any other fence of like efficiency. Railroad
right-of-way fences constructed in compliance with the statute in force on
the date of construction and maintained in good condition shall be
considered legal fences.
(2) "Livestock" includes horses, cattle, mules, asses, goats, sheep,
swine, buffalo, and cattalo, but does not include "alternative livestock"
as defined in section 35-41.5-102(1).
35-46-108. Lien for trespass and care.
Any party taking into custody animals under the provisions of this
article shall have a lien upon such animals for the damages occasioned by
the trespass of such animals and for a reasonable compensation for their
feed and care while in the possession of the party, if damages are
recovered.
