Understanding Agricultural Liability: Maryland Fencing Law

Abstract

A fence is defined as “a barrier intended to prevent escape or intrusion or to mark a boundary; especially: such a barrier made of posts and wire or boards” (Merriam-Webster, 2012). In dealing with Maryland livestock producers, Maryland courts have adopted the traditional common law rule of “fence-in.” This article limits its scope to Maryland law and does not attempt to include any relevant county regulations on fencing, except for Howard, Kent, and St. Mary’s Counties’ regulation; check your county’s regulations to determine if any are related to division fence requirements.