Montana property deeds define ownership boundaries, but backyard fences are governed by state statutes on legal fences and adjoining landowner obligations rather than deed specifics alone. Legal fences must meet height and construction standards, such as 42-48 inches tall with specific barbed wire or board configurations for livestock protection, ensuring they effectively contain animals. Property owners can build fences on their own land without restriction from deeds, but local zoning may impose height limits like 6 feet for privacy fences.​
Shared Boundary Responsibilities
Adjoining owners share equal duty to maintain division fences and boundary monuments under Montana Code § 70-16-205, unless one opts out initially, then reimburses the other proportionally upon later enclosing their land. Disputes over encroaching fences can lead to legal issues, as courts warn against tampering with neighbors’ structures to avoid costly litigation. For non-boundary fences, placement stays within your property lines, respecting easements or local setbacks.​
Practical Implications for Backyard Fences
Homeowners building backyard fences for privacy or pets must verify boundaries via surveys before construction to prevent deed-related encroachments or neighbor conflicts. Cities like Cut Bank limit sight-obstructing fences to 4-6 feet with setbacks from streets, prioritizing safety and visibility. Violations risk removal orders or fines, emphasizing consultation with local authorities for compliance.
SOURCES
[1](https://archive.legmt.gov/bills/mca/title_0810/chapter_0040/part_0010/section_0010/0810-0040-0010-0010.html)
[2](https://nationalaglawcenter.org/wp-content/uploads/assets/fencelaw/montana.pdf)
[3](https://codelibrary.amlegal.com/codes/cutbankmt/latest/cutbank_mt/0-0-0-3051)
[4](https://www.wordenthane.com/2020/09/18/good-fences-make-good-neighbors/)
[5](https://buckleyfence.com/horse-fencing-information/how-close-property-line-build-fence/)
