{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2804.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2804.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2804.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2804.html"}],"law_id":70258,"edition_id":1,"section_id":70258,"structure_id":15396,"section_number":"55.1-2804","catch_line":"Description of lawful fence","history":"Code 1950, \u00a7 8-869; 1977, c. 624, \u00a7 55-299; 2007, c. 574; 2019, c. 712.","full_text":"Every fence shall be deemed a lawful fence as to any domesticated livestock that could not creep through such fence, if it is:\n\n1\n\nAt least five feet high, including, if the fence is on a mound, the mound to the bottom of the ditch;2\n\nMade of barbed wire, at least 42 inches high, consisting of at least four strands of barbed wire, firmly fixed to posts, trees, or other supports substantially set in the ground, spaced no farther than 12 feet apart unless a substantial stay or brace is installed halfway between such posts, trees, or other supports to which such wires are also fixed;3\n\nMade of boards, planks, or rails, at least 42 inches high, consisting of at least three boards firmly attached to posts, trees, or other supports substantially set in the ground;4\n\nAt least three feet high, if such fence is within the limits of any town whose charter neither prescribes, nor gives to the town council power to prescribe, what shall constitute a lawful fence within such corporate limits; or5\n\nAny other fence, except as otherwise described in this section, if it is:\n\t\t\ta. At least 42 inches high;\n\t\t\tb. Constructed from materials sold for fencing or consisting of systems or devices based on technology generally accepted as appropriate for the confinement or restriction of domesticated livestock; and\n\t\t\tc. Installed pursuant to generally acceptable standards so that applicable domesticated livestock cannot creep through the same.\n\t\t\tA cattle guard reasonably sufficient to turn all kinds of livestock shall also be deemed a lawful fence as to any domesticated livestock.\n\t\t\tNothing contained in this section shall affect the right of any such town to regulate or forbid the running at large of cattle and other domestic animals within its corporate limits.\n\t\t\tThe Board of Agriculture and Consumer Services may adopt regulations regarding lawful fencing consistent with this section to provide greater specificity as to the requirements of lawful fencing. The absence of any such regulation shall not affect the validity or applicability of this section as it relates to what constitutes lawful fencing.","order_by":null,"text":{"0":{"id":253685,"text":"Every fence shall be deemed a lawful fence as to any domesticated livestock that could not creep through such fence, if it is:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":253686,"text":"At least five feet high, including, if the fence is on a mound, the mound to the bottom of the ditch;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":253687,"text":"Made of barbed wire, at least 42 inches high, consisting of at least four strands of barbed wire, firmly fixed to posts, trees, or other supports substantially set in the ground, spaced no farther than 12 feet apart unless a substantial stay or brace is installed halfway between such posts, trees, or other supports to which such wires are also fixed;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":253688,"text":"Made of boards, planks, or rails, at least 42 inches high, consisting of at least three boards firmly attached to posts, trees, or other supports substantially set in the ground;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":253689,"text":"At least three feet high, if such fence is within the limits of any town whose charter neither prescribes, nor gives to the town council power to prescribe, what shall constitute a lawful fence within such corporate limits; or","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":253690,"text":"Any other fence, except as otherwise described in this section, if it is:\n\t\t\ta. At least 42 inches high;\n\t\t\tb. Constructed from materials sold for fencing or consisting of systems or devices based on technology generally accepted as appropriate for the confinement or restriction of domesticated livestock; and\n\t\t\tc. Installed pursuant to generally acceptable standards so that applicable domesticated livestock cannot creep through the same.\n\t\t\tA cattle guard reasonably sufficient to turn all kinds of livestock shall also be deemed a lawful fence as to any domesticated livestock.\n\t\t\tNothing contained in this section shall affect the right of any such town to regulate or forbid the running at large of cattle and other domestic animals within its corporate limits.\n\t\t\tThe Board of Agriculture and Consumer Services may adopt regulations regarding lawful fencing consistent with this section to provide greater specificity as to the requirements of lawful fencing. The absence of any such regulation shall not affect the validity or applicability of this section as it relates to what constitutes lawful fencing.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":15396,"edition_id":1,"name":"What Constitutes Lawful Fence","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14623,"metadata":{},"date_created":"2026-06-26 03:54:37","date_modified":"2026-06-26 03:54:37","permalink":{"id":248207,"object_type":"structure","relational_id":15396,"identifier":"2","token":"55.1\/V\/28\/2","url":"\/55.1\/V\/28\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14623,"edition_id":1,"name":"Trespasses; Fences","identifier":"28","label":"chapter","depth":3,"order_by":1,"parent_id":12708,"metadata":{},"date_created":"2026-06-26 03:48:57","date_modified":"2026-06-26 03:48:57","permalink":{"id":248187,"object_type":"structure","relational_id":14623,"identifier":"28","token":"55.1\/V\/28","url":"\/55.1\/V\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12708,"edition_id":1,"name":"Miscellaneous","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":247771,"object_type":"structure","relational_id":12708,"identifier":"V","token":"55.1\/V","url":"\/55.1\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70258,"structure_id":15396,"section_number":"55.1-2804","catch_line":"Description of lawful fence","url":"\/55.1-2804\/","token":"55.1\/V\/28\/2\/55.1-2804","metadata":false},{"id":83294,"structure_id":15396,"section_number":"55.1-2805","catch_line":"Proceeding to declare stream of water or canal a lawful fence","url":"\/55.1-2805\/","token":"55.1\/V\/28\/2\/55.1-2805","metadata":false},{"id":73734,"structure_id":15396,"section_number":"55.1-2806","catch_line":"Boundary lines of certain low grounds on James River a lawful fence","url":"\/55.1-2806\/","token":"55.1\/V\/28\/2\/55.1-2806","metadata":false},{"id":58637,"structure_id":15396,"section_number":"55.1-2807","catch_line":"Statutes declaring watercourses lawful fences continued","url":"\/55.1-2807\/","token":"55.1\/V\/28\/2\/55.1-2807","metadata":false}],"next_section":{"id":83294,"structure_id":15396,"section_number":"55.1-2805","catch_line":"Proceeding to declare stream of water or canal a lawful fence","url":"\/55.1-2805\/","token":"55.1\/V\/28\/2\/55.1-2805","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2804\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 624; in 2007, chapter 574<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":57780,"section_number":"55.1-2810","catch_line":"Damages for trespass by animals; punitive and double damages","order_by":null,"url":"\/55.1-2810\/"},{"id":59693,"section_number":"55.1-2814","catch_line":"How governing body of county may make local fence law","order_by":null,"url":"\/55.1-2814\/"},{"id":76572,"section_number":"55.1-2815","catch_line":"Effect of such law on certain fences","order_by":null,"url":"\/55.1-2815\/"},{"id":59791,"section_number":"55.1-2817","catch_line":"No authority to adopt more stringent fence laws","order_by":null,"url":"\/55.1-2817\/"},{"id":74986,"section_number":"55.1-2834","catch_line":"Owner of domesticated livestock liable for trespasses","order_by":null,"url":"\/55.1-2834\/"}],"refers_to":false,"permalink":{"id":248209,"object_type":"law","relational_id":70258,"identifier":"55.1-2804","token":"55.1\/V\/28\/2\/55.1-2804","url":"\/55.1-2804\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2804\/","token":"55.1\/V\/28\/2\/55.1-2804","dublin_core":{"Title":"Description of lawful fence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2804","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every fence shall be deemed a lawful fence as to any domesticated livestock that could not creep through such fence, if it is:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> At least five feet high, including, if the fence is on a mound, the mound to the bottom of the ditch; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Made of barbed wire, at least 42 inches high, consisting of at least four strands of barbed wire, firmly fixed to posts, trees, or other supports substantially set in the ground, spaced no farther than 12 feet apart unless a substantial stay<\/span> or brace is installed halfway between such posts, trees, or other supports to which such wires are also fixed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Made of boards, planks, or rails, at least 42 inches high, consisting of at least three boards firmly attached to posts, trees, or other supports substantially set in the ground; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> At least three feet high, if such fence is within the limits of any town whose charter neither prescribes, nor gives to the town council power to prescribe, what shall constitute a lawful fence within such corporate limits; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any other fence, except as otherwise described in this section, if it is:\n\t\t\ta. At least 42 inches high;\n\t\t\tb. Constructed from materials<\/span> sold for fencing or consisting of systems or devices based on technology generally accepted as appropriate for the confinement or restriction of domesticated livestock; and\n\t\t\tc. Installed pursuant to generally acceptable standards so that applicable domesticated livestock cannot creep through the same.\n\t\t\tA cattle guard reasonably sufficient to turn all kinds of livestock shall also be deemed a lawful fence as to any domesticated livestock.\n\t\t\tNothing contained in this section shall affect the right of any such town to regulate or forbid the running at large of cattle and other domestic animals within its corporate limits.\n\t\t\tThe Board of Agriculture and Consumer Services may adopt regulations regarding lawful fencing consistent with this section to provide greater specificity as to the requirements of lawful fencing. The absence of any such regulation shall not affect the validity or applicability of this section as it relates to what constitutes lawful fencing. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDESCRIPTION OF LAWFUL FENCE (\u00a7 55.1-2804)\n\nEvery fence shall be deemed a lawful fence as to any domesticated livestock that\ncould not creep through such fence, if it is:\n\n1. At least five feet high, including, if the fence is on a mound, the mound to\nthe bottom of the ditch;\n\n2. Made of barbed wire, at least 42 inches high, consisting of at least four\nstrands of barbed wire, firmly fixed to posts, trees, or other supports\nsubstantially set in the ground, spaced no farther than 12 feet apart unless a\nsubstantial stay or brace is installed halfway between such posts, trees, or\nother supports to which such wires are also fixed;\n\n3. Made of boards, planks, or rails, at least 42 inches high, consisting of at\nleast three boards firmly attached to posts, trees, or other supports\nsubstantially set in the ground;\n\n4. At least three feet high, if such fence is within the limits of any town\nwhose charter neither prescribes, nor gives to the town council power to\nprescribe, what shall constitute a lawful fence within such corporate limits; or\n\n5. Any other fence, except as otherwise described in this section, if it is:\n\t\t\ta. At least 42 inches high;\n\t\t\tb. Constructed from materials sold for fencing or consisting of systems or\ndevices based on technology generally accepted as appropriate for the\nconfinement or restriction of domesticated livestock; and\n\t\t\tc. Installed pursuant to generally acceptable standards so that applicable\ndomesticated livestock cannot creep through the same.\n\t\t\tA cattle guard reasonably sufficient to turn all kinds of livestock shall\nalso be deemed a lawful fence as to any domesticated livestock.\n\t\t\tNothing contained in this section shall affect the right of any such town to\nregulate or forbid the running at large of cattle and other domestic animals\nwithin its corporate limits.\n\t\t\tThe Board of Agriculture and Consumer Services may adopt regulations\nregarding lawful fencing consistent with this section to provide greater\nspecificity as to the requirements of lawful fencing. The absence of any such\nregulation shall not affect the validity or applicability of this section as it\nrelates to what constitutes lawful fencing.\n\nHISTORY: Code 1950, \u00a7 8-869; 1977, c. 624, \u00a7 55-299; 2007, c. 574; 2019, c.\n712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}