Nebraska fence law Kotrous v. Solid fencing or screening, where required, must be located at the interior boundary of a required bufferyard. Nov 1, 2014 · Nebraska fence laws and the responsibility of landowners have evolved over time since the first established statute in 1867. The owners of cattle, horses, mules, swine, sheep, and goats in this state are liable for all damages done by such stock upon the lands of another in this state as provided by section 54-402 if the damages to the lands are not the result of negligent or willful damage to the division fence by the person claiming damages to the land. According to current fence laws in Nebraska, landowners are required to equally split the cost of establishing and maintaining a fence to divide their properties unless otherwise agreed upon. Revised Statutes Chapter 34 - FENCES, BOUNDARIES, AND LANDMARKS To browse the contents of this chapter, simply click on the section number you wish to view. The Nebraska herd law made it possible to ranch without expensive fences or slow-growing hedges; farmers simply herded their cattle together. § 34-102 — Division fence; adjoining landowners; apportionment of cost. Nov 12, 2020 · Nebraska fence laws and the responsibility of landowners have evolved over time since the first established statute in 1867. 60 (1905), 2 L. S. R. Failure to fence the right-of-way does not in any respect affect the railroad company's right to its easement nor determine the width thereof. • Although Nebraska’s “fence law” explicitly confers jurisdiction over contribution cases related to division fences to the county courts, it cannot deprive the district court of its subject matter jurisdiction over common-law causes of action. Sioux City & P. Every person liable to contribute to the construction and maintenance of a division fence or any portion thereof shall maintain his or her portion in good repair, including the necessary removal or trimming of trees and woody growth within or encroaching upon the fenceline to repair or avoid damage to, or dislocation of, the division fence. The National Agricultural Law Center Don Tyson Annex (DTAN) 2549 N. Fayetteville, AR 72704 (479) 575-7646 May 1, 2019 · After this spring’s blizzards and flooding, fence rebuilding is a priority for many livestock producers. Before you remove or erect a fence on your property line, there are a few things you need to know. N. Lawful fences, defined. The Nebraska Department of Agriculture (NDA) encourages and promotes the interests of agriculture through advocacy and education. According to current fence laws in Nebraska landowners are required to equally split the cost of establishing and maintaining a fence to divide their properties if either of the parties would like to establish the boundary. Because there is a statutorily imposed duty on each neighbor to maintain their "just proportion" Jan 22, 2025 · The law presumes a fence is necessary for mutual benefit, especially in rural areas where livestock containment is common. Although Nebraska’s “fence law” explicitly confers jurisdiction over contribution cases related to division fences to the county courts, it cannot deprive the district court of its subject matter jurisdiction over common-law causes of action. Roberts v. Nebraska fencing law has recently undergone some changes, so its Disputes regarding fences probably go back to the first farmers and ranchers, or perhaps the first neighbors. A. Nov 26, 2014 · Nebraska fence laws and the responsibility of landowners have evolved over time since the first established statute in 1867. Jan 23, 2018 · Nebraska law states that adjoining owners must keep the division fence in good repair and that includes removing or trimming trees when they interfere with the condition of the fence. Cataloging Information: Writers Cited: Joseph F Moffette, William Clayton, Edwin A Curley, Lawrence D Burch, Robert P Porter, James C %PDF-1. W. Lawful fences of different kinds used for fence to enclose lands shall be as hereinafter defined. So this newsletter begins with a brief history of the legal fence’s role in Nebraska fence law, and then lists Jun 20, 2022 · The part of the fence line to the individual’s right is the portion of the fence line the landowner would either establish or maintain. Justia Free Databases of U. 8, 102 N. Nebraska’s Fence Law and Related Statutes “It's mandated cooperation between property owners, basically. View Statute 34-101 Legislative findings. In setting new fences, questions may come up regarding opportunities for financial assistance as well as neighbor responsibilities as outlined in Nebraska fencing laws. Miscellaneous. Legislative Finding - § 34-101 – Not just fencing in, but fencing out This statute regulates the construction, maintenance, and repair of division fences between adjoining landowners in Nebraska. App. Nebraska Fence law: Overview & History Function of the Fence law Fence law deals with the regulation of boundaries and fence disputes. Department of Agriculture and the College of Home Economics Aug 26, 2011 · This week I received two telephone calls asking “What is a legal fence in Nebraska?” Our recent fencing statute - which requires all landowners to split the cost of a division fence 50/50, is probably the source of this interest. For a fence under 7' 0" high and in the side or rear yard, NO permit is required. 172, 803 N. Boundary disputes cannot be determined in a quiet title action. Maintenance; private nuisance. 34-101 - Legislative findings. Co. Nebraska had much less fence than states to the east, however. 4. 272 (1905). Jan 1, 2024 · The owners of cattle, horses, mules, swine, sheep, and goats in this state are liable for all damages done by such stock upon the lands of another in this state as provided by section 54-402 if the damages to the lands are not the result of negligent or willful damage to the division fence by the person claiming damages to the land. 34-115. Estrays, trespassing animals; damages; liability. Nebraska is typical among Midwestern and western states in prescribing a joint liability among adjoining landowners for the construction, maintenance and repair of division fences. There is no duty to erect a fence if both property owners decide not to have a fence. Oppliger v. 54-401. Laws 2007, LB108, § 6; Laws 2018, LB766, § 1. Hatch Ave. Below are questions that Jul 14, 2024 · Know your rights with fence laws in Nebraska. For a fence under 7' 0" high and either on a corner lot or at or near a driveway/alley, the applicant will be required to have the City Public Works Department review the fence request for compliance with City Sight Distance Standards. 4 %âãÏÓ 314 0 obj > endobj xref 314 22 0000000016 00000 n 0000001206 00000 n 0000001465 00000 n 0000001726 00000 n 0000002178 00000 n 0000002752 00000 n 0000002903 00000 n 0000003037 00000 n 0000003260 00000 n 0000003504 00000 n 0000003754 00000 n 0000004042 00000 n 0000004120 00000 n 0000006497 00000 n 0000006622 00000 n 0000010378 00000 n 0000010610 00000 n 0000010818 00000 n Nebraska law provides that boundaries that have been mutually recognized and acquiesced in for a period of 10 years can be legal boundaries. 34-102 - Division fence; adjoining landowners; construct and maintain just proportion of fence. In addition, NDA regulates the agriculture industry to ensure the health and safety of all Nebraskans. The statute specifies that the fence must be a “lawful fence,” defined under Nebraska Revised Statute 34-115 as a fence at least four and a half feet high and constructed of durable materials like barbed wire or boards. Laws, Codes & Statutes. , 73 Neb. 34-103. Vineyard, 19 Neb. To help settle fencing disputes, Nebraska has developed a number of laws that regulate the rights and duties of landowners in relation to fences. (2) Unless the adjoining landowners have agreed otherwise, such fence shall be a wire fence as defined in subdivision (5) of section 34-115. . EC 73-829 -~~J~EBRASKA -- -~~--~~~ fence /t1ws NOV 1 51973 Extension Service University of Nebraska-Lincoln College of Agriculture Cooperating with the U. R. (1) A rail fence shall consist of at least six rails, such rails to be secured by stakes at the end of each panel, well set in the ground, with a rider on the stakes. ” Senator Brasch Nebraska’s division fence laws have undergone a number of changes in the last five years, which this memorandum is meant to explain. It also provides for notice, court action, mediation, and costs in case of disputes. If your neighbors do not comply with this law, you can sue them for private nuisance. Annotations. (g) Appeals. This section shall not be construed to compel the erection and maintenance of a division fence if neither of the adjoining landowners desires such division fence. Fences located within or at the exterior boundary of a required bufferyard shall contain openings constituting no less than 50 percent of the surface area of the fence. The fence which is erected by the railroad company must conform to the requirements of this section. Good Fences Can Make Good Neighbors Under Nebraska law, adjoining property owners each have a responsibility to maintain fences between their respective propertiesl. 2d 786 (2011). 2006 Nebraska Revised Statutes - Chapter 34 — Fences, Boundaries, and Landmarks § 34-101 — Hedge or live fences; planted on line of road or public highway; when allowed. kseqavw paud ccx xzlhn jbeqoj sdmtyhq hjvnyx yxmq asjj agcua

Nebraska fence law. Below are questions that .