{"id":293,"date":"2026-03-10T16:09:45","date_gmt":"2026-03-10T16:09:45","guid":{"rendered":"https:\/\/extension.colostate.edu\/routt\/?post_type=resource-cpt&p=293"},"modified":"2026-03-10T16:09:45","modified_gmt":"2026-03-10T16:09:45","slug":"colorado-fence-and-trespass-law","status":"publish","type":"resource-cpt","link":"https:\/\/extension.colostate.edu\/routt\/resource\/colorado-fence-and-trespass-law\/","title":{"rendered":"Colorado Fence and Trespass Law"},"content":{"rendered":"\n
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Either living in an urban area or on the rural landscapes of Colorado the old adage \u201cGood fences makes good neighbors\u201d rings true still today.  In the early years of statehood, Colorado enacted the \u201cFence Law<\/a>\u201d or \u201cOpen Range and Fencing<\/a>\u201d and this legislation is still in force today with some revision. The Fence Law in Colorado addresses key items like defining what a lawful fence is, who is responsible for construction and maintenance of lawful fence and who can claim damages for trespass. This article is a summation of the Colorado Statutes that pertain to the \u201cFence Law\u201d.<\/p>\n\n\n\n

The Colorado Statutes #35-46-101 clearly defines two important terms for addressing issues that apply to fencing and trespass \u201cLawful Fence\u201d and \u201cLivestock\u201d. The following are the definition of the terms from the Colorado Revised Statutes and they should be referred to when building, maintaining, repairing, and replacing any fences.<\/p>\n\n\n\n

\u201cLawful fence\u201d 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. \u201cLivestock\u201d includes horses, cattle, mules, asses, goats, sheep, swine, and buffalo. In working toward resolution in disputes of livestock grazing the first determination is if a \u201cLawful Fence\u201d was in place and properly maintained.<\/p>\n<\/div>\n\n\n\n

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Construction and Maintenance of \u201cLawful Fence\u201d<\/h3>\n\n\n\n

In Colorado it is the responsibility of the landowner to fence out any livestock from their property with a \u201cLawful Fence\u201d.\u00a0Colorado Statute #35-46-112 puts the burden of the cost of constructing or repairing a fence on adjoining properties on both land owners. Caution should be taken in that the statute only requires a land owner to meet the standard of the definition of a lawful fence. If one land owner wants to make the fence to a higher standard that landowner may be responsible for the additional costs.\u00a0In any case they should follow the procedure set forth in Statute #35-46-113 \u2013 If after thirty days written notice (certified letter), served personally or by registered mail by either owner or tenant of another, if such owner neglects or refuses to erect or repair one-half of the partition fence, the person giving notice then may undertake repairs and may collect by a civil action one-half of the cost.\u00a0Refers only to a \u201cLawful fence\u201d. It is always good practice to have written documentation of all agreements and how you complied with the above procedure before purchasing any materials.<\/p>\n<\/div>\n\n\n\n

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Livestock Trespass<\/h3>\n\n\n\n

Colorado Fence Laws benefit the livestock owner by putting the responsibility on landowners and crop producers to fence out.\u00a0Livestock owners are not liable for animals that wonder on to property that a \u201cLawful Fence\u201d is not maintained. Colorado Statute #35-46-102 does give provision that helps protect landowners from stock produces that knowingly drive herds on to another person\u2019s land or from repeated livestock trespass where a \u201cLawful Fence\u201d is in place and maintained to recover damages through a civil court process.\u00a0In any case of livestock trespass it is best that you keep local sheriff\u2019s office and brand inspection office involved.<\/p>\n\n\n\n

There are some generalizations that can be made in helping with issues that arise between neighbors in regards to livestock and fencing:<\/p>\n\n\n\n