A Guide to Colorado Fence Laws
In the wake of 19th-century livestock grazing disputes, the fence laws in Colorado leave both landowners paying for half of a fence between two properties.
Written by Matt Terzi
Reviewed by Melanie Reiff
Under
Colorado
fence laws, neighboring property owners each share half of the expense of building and maintaining a fence built directly on the property line, unless they had a prior agreement to the contrary. It may not seem like a big deal at first, but building fences between two properties has been a source of hotly-contested debate between property owners since the days when sabertooth tigers were a serious concern for people.
A fence can mark out precisely where a property line lies, or more importantly, where it doesn’t lie. So to some people, a fence is just a fence, but to others, that fence is the Ice Wall in Game of Thrones.
Arguments over fences can get ugly—even litigious—so it’s important to understand Colorado fence laws before starting a new project.
Fence laws vary from one state to the next, so the
home and car insurance
broker app Jerry
put together this helpful guide that will walk you through fence laws in Colorado and explain what you need to know before you start planning a new project
MORE: Home insurance terms you need to knowWhat is Colorado’s Fencing Statute?
Article 46 of
Colorado’s Agriculture Statutes
, sometimes referred to unofficially as the “open range law,” states that a fence built between two properties is to be paid for and maintained equally by the owners of those two properties, each of whom assumes one half of that responsibility unless they come to some other agreement prior to the wall being built.Let’s say you and your neighbor agree to build a fence along your property line. You’re each responsible for 50 percent of the construction costs, and you’re each expected to keep 50 percent of the fence maintained as well.
Article 46 defines a “lawful fence” as a well-constructed three-barbed wire fence with posts spaced 20 feet apart, or any other fence “of like efficiency” that can keep livestock from crossing between two properties. And yes, this law applies even if you live in a city like Denver or Colorado Springs.
This statute also states that you’re owed compensation if you build a fence and a neighbor’s livestock breaches that fence to graze on your property, a helpful rule to know if you live in a farming community.
It’s important to note that local and county laws and ordinances will vary. You should definitely look into local fence laws, or contact the city or county directly for details.
Exceptions to the Colorado Fencing Statute
If you don’t want to build or contribute toward building a fence along a property line, you’re not legally obligated to do so, and neither is your neighbor. The property owner who wants the fence can pay to have the land surveyed and build the fence on their own property, at their own expense, but if it’s going on the property line both property owners need to agree to it.
A fence built directly on the property line is owned by the two property owners, even if only one property owner paid to build that fence unless you’ve mutually agreed to some other arrangement first.
If one neighbor fixes up their half of the fence, they can notify the other neighbor to fix their half. If that hasn’t happened after 30 days, that neighbor can then repair the fence at their own expense and then force the other to pay for it through a civil suit.
Spite fences
A “spite fence”—an especially annoying or ugly fence put up maliciously, just to irritate you—can be seriously frustrating. And unfortunately, Colorado is one of the few states that does not have a law protecting homeowners from them.
Check local laws to see if there are any spite fence regulations to protect you. If you’re a member of a homeowner’s association, they can likely help too. But unfortunately, Colorado doesn’t have any specific state laws that protect you from spite fencing.
Does Colorado law require fences?
The State of Colorado doesn’t force you to own any type of fence, though some local laws and ordinances do require fences, especially around pools. Denver, for instance, has a law stating pools need to be surrounded by a five-foot fence, with gaps in the fence being 4” or smaller.
Again, we strongly recommend you consult local laws to know specifically what rules exist for your fences.
MORE: How to make a counteroffer after a home inspection
How to legally build a fence in Colorado
If you’re hoping to build a fence on the property line between your property and that of a neighbor, you’ll first need to communicate directly with that neighbor and come to an agreement over the fence.
What you and your neighbor agree to is entirely up to the two parties. You could both mutually agree to split the cost of the fence, or you could pay for the whole thing or some other majority of it yourself. And that’s usually fair if one party is getting more value out of having that fence than the other would.
It’s always a good idea to get any formal fencing agreement on paper, and you may want to consult with a property lawyer beforehand to make sure your agreement will hold up in a court of law.
You should make sure your agreement doesn’t just cover the construction of the fence, but the expenses related to maintenance and upkeep too. Who is paying for fence repairs over time? What sections of the fence are paid for by whom? You’ll want to work all of this out and incorporate this into your construction plans.
You’ll want to hire a property surveyor to mark the exact location of the property line and check local laws to see what, if any, building permits will be required for fence construction, as these rules vary from one town to the next.
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Does homeowners insurance cover fences?
Most homeowner’s insurance policies consider fences as “other structures” that are covered for up to 10 percent of the coverage limit for the dwelling. They’re protected against the same perils as your home, typically including fire, wind damage, hail, lightning, and vandalism.
If your fence is damaged, take photos of that damage and contact your insurance provider to see if you’re covered. Keep in mind that flood and earthquake damage typically requires special insurance and won’t be covered by a traditional homeowner’s insurance policy.
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FAQs
Who owns the fence between two properties in Colorado?
Unless there’s an agreement both property owners mutually agreed to ahead of time, fences built on the property line between two properties are owned by both property owners, and they equally share its maintenance. You’re responsible for one half of the fence’s upkeep and your neighbor is responsible for the other half.
Can my neighbor make me pay for a fence in Colorado?
A neighbor cannot force you to pay to construct a new fence. However, they can force you to pay for upkeep or repairs on that fence if it’s built on the property line between your two properties, and you didn’t have a prior agreement that states otherwise.
Does Colorado have a no fence law?
In Colorado, you’re expected to protect your own property from trespassing livestock by building a fence. If you haven’t built a fence, you don’t have any legal grounds to sue over damages resulting from a neighbor’s livestock grazing on or otherwise damaging your property.
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