In Montana, owners of adjoining land are mutually bound equally to maintain the fences between them, unless one of them chooses to leave their land unfenced. That is Montana Code 70-16-205. Without another agreement, each owner maintains the fence to the right of the midpoint of the common line, as seen from their own land.
This page is general information, not legal advice. For a dispute, talk to a Montana attorney.
Does my neighbor have to pay for half of a new fence?
Not in every case. The statute is about maintaining a fence between adjoining owners, and it excuses an owner who lets their land lie without fencing. If that owner later encloses the land, the law says they owe the other owner a fair share of the value of the division fence at that time. In town, most neighbors simply agree on a split in writing.
Who owns the fence between two properties?
Whoever owns the ground it stands on. A fence fully inside one lot is that owner's. A fence on the line that both use is a division fence that both maintain. A survey or the property pins show which one you have.
Can my neighbor put up a fence without asking me?
On their own land, generally yes, if it follows local zoning and any covenants. They do not need your consent, but they cannot build on your side of the line.
A survey shows the fence is on the wrong side of the line. Now what?
Raise it with the neighbor before anything else. The fence can be moved, or the two of you can sign an agreement about it. Long-standing fences can raise legal questions that only an attorney should answer. We can relocate a fence to the surveyed line.
The contractor built my new fence over the property line. Who fixes it?
It turns on who chose the line. If the contractor ignored pins or a survey, ask in writing for it to be moved at their expense. If the line came from you, the cost is harder to shift. Have the estimate state where the fence goes and who located the boundary.
My neighbor and I agreed to split a new fence. How does the billing work?
Write down the line, the material, the height, the price and each owner's share before any work. Our estimate can show the shared stretch and split it between the two of you.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes, a fence entirely on your own lot does not need the neighbor to sign anything, as long as it meets local rules. Have the pins found or the line surveyed first.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If it stands on your land, yes, it is yours. If it is a division fence on the line, tell the neighbor in writing before you remove it, and keep a copy.
My neighbor's tree roots are lifting our fence. Who handles that?
Roots are an arborist's job and the fence is ours. Cutting large roots can weaken a mature cottonwood or spruce, so get advice before digging. A longer span between posts can sometimes carry the fence over the root.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
We can add heavier posts, a bottom rail or tension wire on your side. Chain link is still not a retaining wall. Ask the business in writing to keep material off it, and report it to code enforcement if nothing changes.
A free visit to your property is how you get a real number. Call (406) 303-4455 or text us a photo of the fence line.