Statutes in many states regulate the establishment, apportionment, and maintenance of partition or division fences. The statutes generally require owners of adjoining lands to share or contribute equally to the erection or maintenance of such fences, unless the rights and obligations of the parties have been fixed differently by agreement.
Montana Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence
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If the land of one owner is entirely surrounded by the land of another, each owner shall maintain all fencing to the right, as viewed from the owner's land, of the northeastern corner of the surrounded land or, if there is more than one northeastern corner, then from the northernmost northeastern corner to a point ...
No property owner has the right to erect and maintain an otherwise useless structure just to annoy or injure a neighbor. The neighbor injured by the fence is entitled to have the fence removed and seek monetary damages from the fence builder.
Montana has ?open range? laws that provide in most parts of the state a property owner must put up a fence to keep livestock out; the owner of the livestock does not have an obligation to put up a fence to keep livestock in. Think of open-range laws as requiring ?fencing out.?
70-16-204. Trees on or near boundary. (1) Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common. (2) Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another.