Legal Definitions - legal fence

A legal fence, also known as a lawful fence, refers to a barrier or enclosure that meets specific requirements set forth by law, statute, or local ordinance. These requirements typically dictate aspects such as the fence's height, materials, construction, and maintenance. The purpose of a legal fence is often to establish property boundaries, contain livestock, prevent trespass, or ensure safety, and its legal status can have significant implications for liability and property rights.

Here are some examples illustrating the concept of a legal fence:

• Example 1: Agricultural Property

  A rancher owns cattle that graze near a public road. State law dictates that any fence intended to contain livestock must be at least four feet high, constructed of specific durable materials like barbed wire or woven wire, and maintained in good repair. If the rancher's fence meets these exact specifications, it is considered a legal fence. Should a cow escape due to a storm damaging a section of this legally compliant fence, the rancher might have a stronger defense against claims of negligence for property damage or accidents caused by the escaped animal, compared to if the fence had not met the legal standards.

  This example illustrates a legal fence because the fence's construction and maintenance adhere to specific state statutes designed to contain livestock, thereby affecting the rancher's potential liability.

• Example 2: Residential Swimming Pool

  A homeowner installs a new swimming pool in their backyard. Local zoning ordinances require all residential swimming pools to be enclosed by a fence that is at least five feet tall, has self-latching gates that open outwards, and has no gaps larger than four inches to prevent unsupervised access by children. If the homeowner builds a fence that precisely matches these requirements, it is a legal fence. Failing to meet these standards could result in fines, an order to remove the pool, or significant liability if a child were to drown in the pool.

  This example demonstrates a legal fence because the barrier around the pool complies with local safety ordinances, fulfilling a legal duty to prevent harm and mitigating the homeowner's liability.

• Example 3: Shared Property Boundary

  Two neighbors decide to build a fence along their shared property line. Their city's municipal code specifies that boundary fences cannot exceed six feet in height in residential areas and must be set back a certain distance from the sidewalk. If both neighbors agree on a design and construct a fence that adheres to these height and setback rules, and is built squarely on the property line, it constitutes a legal fence. This establishes a clear, legally recognized boundary between their properties, which can prevent future disputes over land use or encroachment.

  This example shows a legal fence because the shared boundary fence conforms to municipal zoning regulations regarding height and placement, thereby legally defining the property line and preventing potential disputes.