Colorado Fence Law
Open range is a definition of land not a law.
Colorado fence law. Unless you have a written agreement with your neighbor your allocated fence line is the actual property line between your home and theirs. An open and good working relationship with adjacent landowners is the best prevention for issues with livestock and fencing. Under colorado common law property owners have the right to cut off roots and branches that extend over their property lines. The article is a summation of selected colorado statutes pertaining to agriculture fences.
This is where friendly neighbors can become enemies. The livestock owner is also not responsible for non willful trespass causing damage to vegetation on property which is not protected by a lawful fence. Sometimes even a hedge can act as a boundary. In colorado landowners have the inherent right to fence their land or leave it unfenced.
The laws that regulate the construction maintenance or removal of fences in colorado are documented in the colorado revised statutes. This statute is commonly referred to as the open range or fence out statute. Colorado boundary fence laws. However in the 1880 s the colorado legislature passed a fencing statute c r s.
However if a person knowingly cuts down or damages a boundary tree then they can be charged with a misdemeanor. Instead of having to fence livestock in landowners became responsible for fencing livestock out if they desired to preserve their land. Thus in order to collect damages caused by trespassing livestock the owners of the land trespassed upon must have in place a lawful fence. A boundary fence is a fence that is located on or near a property line though the exact definition can vary by state.
Colorado s statute on fence law. The colorado fence law superseded the common law and so the owner of livestock is under no statutory duty to fence in his livestock. The heavily litigated cases in colorado that are involve disputes about fences the number one complaint is encroachment over property lines. Colorado property line and fence laws at a glance.
Fence laws in the state of colorado. Colorado fence laws favor the livestock owner and put the duty of protecting property on the landowner. In the early 1880 s the colorado legislature passed a fencing statute. This article is an effort to introduce some of those statutes in a way to help clarify them to landowners.