This fence is my fence, that fence is your fence

Iowa Fence Laws split responsibility

May. 19, 2023 9:43 am

MT. PLEASANT — Caring for cattle requires more than breeding and feeding. In fact, maintaining fencing plays a crucial role in successful cattle operations.

According to the Iowa Cattlemen's Association, "Most of Iowa's statutory fence law was established in the original Iowa Code of 1851 and has descended intact to the present date Iowa Code Ch. 359A. Issues often arise between landowners regarding partition fence and the responsibilities to erect, maintain, and repair fence. Understanding the Iowa fence law and the processes involved to develop a fencing agreement, is key to being an Iowa cattle producer."

This code, however, is a conditional statutory duty which requires a written request from either property owner. The erection and maintenance responsibilities are then outlined in a written agreement that corresponds with the Iowa Code.

The Iowa State Extension Office explains the code as following:

"If one landowner sends a ‘written request’ to an adjoining landowner, asking that a partition fence be erected or maintained, that adjoining landowner must erect, maintain, or contribute to the cost of that fence."

"It is important to realize that this obligation does not flow from livestock ownership" ISU Extension states in a legal review of Iowa fence laws. "A landowner owning no livestock can require an adjacent landowner to erect and maintain a partition fence. Likewise, a landowner owning livestock can require his non-livestock-owning neighbor to contribute to erecting and maintaining the partition fence."

According to Henry County Cattleman Association President Adam Smith, many people argue "It's not my cows. I shouldn't have to maintain it. Well, you do. It's a rule."

"The Iowa fence law states that I take care of my house to keep my cows out of your place, and you take care of your half to keep my cows out of your place," Smith said.

Considering the unique split of responsibilities for fencing, the District 20 Cattleman Association hired an attorney to come chat with local cattlemen about fencing rules.

"So, if you and me stood facing one another in the middle of our property, you would take that right side, and I'd take my right side, and then that would be my fence, and that would be your fence," Smith explained.

According to Smith, fencing rules are regulated by the fencing commissioner.

"So, if I've got a huge gully or valley on my side, and your side is completely flat and easy to build fence on, [the commissioner] could say, well, that's not fair that I have a gully and they don't. So, we might split the gully," Smith said.

Some landowners affected by the fencing laws have opposed them claiming they’re unconstitutional however, in 1995 the Iowa Supreme Court upheld the statutes.

According to ISU Extension, the Iowa Supreme Court stated that "even though livestock owners were the primary beneficiaries, the law benefited all landowners. Specifically, the court found that the statute served a broader purpose of mediating boundary, fence, and trespass disputes."

The Iowa Supreme Court also upheld that the fencing code produced the following benefits:

Freedom from intrusion by livestock

Freedom from trespassing neighbors

Elimination of devil's lanes [This is basically a no-man's land between two parallel fences.]

Diminution of lawsuits

Discouragement of litigation dealing with boundaries

Increase in value of all land by fostering agriculture

According to ISU Extension, the following six options exist for building a lawful fence under the Iowa Fence Code:

Three rails of good substantial material fastened in or to good substantial posts not more than 10 feet apart.

Three boards not less than 6 inches wide and three-quarters of an inch thick, fastened in or to good substantial posts not more than 8 feet apart.

Three wires, barbed with not less than 36 iron barbs of two points each, or 26 iron barbs of four points each, on each rod of wire, or of four wires, two thus barbed and two smooth wires…

Wire in which the lowest rail, wire, or board between 20-16 inches from the ground, the top rail, wire, or board to be between 48-54 inches in height and the middle rail, wire, or board between 12-18 inches above the bottom rail, wire, or board.

Four parallel, coated steel, smooth high-tensile wire which meets requirements adopted by the American society for testing and materials international.

Any other kind of fence which the fence viewers consider to be equivalent to a lawful fence or which meets standards established by the Department of Agriculture and land stewardship by rule as equivalent to a lawful fence.

While each of these types of fences help maintain boundaries and keeps cattle out of the road and off neighboring properties, farmers also use them to manage good grazing practices.

For farmers like Smith, adequate fencing is crucial for his pasturing grazing herd.

Walking up to check on his cattle herd littered with new calves, Smith removed a single wire fence on the other side of a large metal gate.

Smith uses these fences to keep the large livestock well inside their designated grazing territory.

"It's hot. It's like 7 volts," he said. "Basically, it's like someone flicking the top of your head."

Smith's cattle keep their distance from the electric fences.

"When the calves have never been around it, they’ll get hit by it," Smith said. "They’ll just be sitting there and they’ll just kind of walk up and you just hear the smack."

"But what's funny about it, is when they respect it enough, that thing could be dead for a week," he said. "You won't know it, and one day you check it and it's not even working, but the cows won't get out because they respect it too much."

As Smith assesses the area the cattle currently graze, they begin to inch closer and closer to the cattleman.

Smith explains that they think it is feeding time or that he is about to move them to another pasture for grazing.

While the electric fence serves Smith well, he expressed interest in other options more similar to an invisible fence one would install for dogs in a backyard.

"So instead of having a fence like this, it'd be like electronic dog collar," Smith said. "You could set a whole like this whole section of 600 and some acres. I could make paddock lines and those cows would get zapped when they cross the line."

"Then you just move it, and then you wouldn't have to build any fence," he said. "And then I think they have like a charge life of six months or a year or something like that."

With technology like this, Smith says he could move his cattle to different grazing pastures remotely.

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