Short answer
Pennsylvania's Fence Law dates to 1905 and was amended in 1955. It makes owners of improved, occupied farm and ranch land share the cost of the line fence between them equally. The state Supreme Court, in Fogle v. Malvern Courts, limited it to farms and ranches, so it doesn't reach ordinary house lots. No one can be required to build or repair a line fence from December through March. A separate law covers livestock that wander onto a neighbor's land. This is general information, not legal advice.
Most fence questions we answer are about zoning: how tall, how far from the street, which side faces out. On farm properties around Oley, Hereford, Bally, Barto and Bechtelsville, a second layer of law applies. It deals with who pays for a fence between two farms and what happens when animals get out. Those rules are old, short and easy to misread, so here is our plain-language summary of what the Pennsylvania Farm Bureau's guide says about them.
Not legal advice. We build fences; we're not lawyers. The summary below is based on the Pennsylvania Farm Bureau's guide to boundary and fencing laws and the sources listed at the bottom. For a dispute or a decision about your property, talk to a Pennsylvania real-estate or agricultural attorney.
Who pays for a fence between two farms?
Under Pennsylvania's Fence Law, first passed in 1905 and amended in 1955, owners of improved and occupied farm and ranch land share line fences equally. In plain terms, when both sides of a boundary are working farmland, the fence between them is treated as a joint responsibility, not one neighbor's project.
Two limits matter:
- It's for farms and ranches. In Fogle v. Malvern Courts, the Pennsylvania Supreme Court limited the law to farm and ranch land. If you live in a subdivision in Limerick, Gilbertsville or Royersford, your neighbor can't use the Fence Law to make you split the cost of a backyard fence.
- Both sides have to qualify. The law speaks of improved, occupied farmland. A farmette next to a house lot, or next to woods nobody uses, may not fit. Whether your land counts is a question for an attorney.
How the cost is split in practice, how notice works and what happens if one side refuses are details the statute and the courts handle. They're beyond what we can summarize reliably. Our answer on who pays for a fence between two farms covers the common questions.
The winter rule: December through March
The Fence Law says no one can be required to build or repair a line fence from December through March. That matches what we see on the ground. In the Berks County part of our area, where Penn State rates the freezing index higher than in Montgomery County, frozen ground stops post work for weeks at a time. If you and a neighbor agree a line fence needs replacing, fall or early spring is the time to plan it.
When livestock get out
Pennsylvania has a separate law for trespassing livestock. According to the Farm Bureau's summary:
- Animals found on someone else's land can be taken up and impounded by a constable.
- The constable must notify the owner within 24 hours.
- The owner then has 4 days to pay the damages.
That's the outline. Liability for an accident on a road, an injury or crop damage beyond that process is a separate question for your insurer and an attorney. The practical lesson is simpler: a pasture fence that actually holds your animals is cheaper than any of those outcomes. Our horse and livestock fencing guide covers what holds in Upper Berks ground.
Old boundaries and the 21-year rule
Many farm boundaries in Oley and the Boyertown area follow hedgerows, stone rows or old fences rather than surveyed pins. In Oley, boundaries on many properties go back to William Penn-era land grants. When an old fence and the deed disagree, Pennsylvania's adverse possession law can come into play.
- The period is 21 years (42 Pa.C.S. §5530).
- The possession has to be actual, continuous, exclusive, visible and hostile for the whole period.
- In Burns v. Mitchell, a court counted keeping a lawn up to a fence as actual possession.
If you're replacing an old line fence, don't assume the new one should go exactly where the old one stood. Get a survey, and if the old line and the survey disagree, talk to an attorney before you build. Setting the new fence a little inside the surveyed line is the cautious choice. Our answer on whether a hedgerow is the property line has more detail.
Township rules still apply to farm fences
The Fence Law doesn't override zoning. Several townships in our area have farm-specific fence rules:
| Municipality | Farm-related fence rule |
|---|---|
| Amity, Douglass (Berks), Muhlenberg | Barbed wire allowed only for agricultural purposes |
| Boyertown, Colebrookdale, Pike | No barbed wire around dwellings in residential districts; electric fences only to contain farm animals, and low intensity |
| Elverson Borough | Agricultural fences that contain livestock are exempt from the fence section |
| North Coventry Township | Agricultural pasture areas must be fenced |
| East Coventry Township | Maintaining agricultural fencing isn't treated as a floodplain obstruction |
| Washington Township (Barto, Bally) | Near driveways, fencing within 10 ft of the street right-of-way must stay at or below 36 in unless an open design such as wire mesh or post-and-rail is approved |
| Oley, Hereford | Not confirmed; we check with the township |
From each township's zoning code as read in October 2026.
Dogs are a different law
Pennsylvania's Dog Law, §305, requires owners to keep dogs on their own property, confined by "a collar and chain, a fence, or another device." That applies on farms and in boroughs alike. It's separate from the Fence Law and from livestock rules, and it's the usual reason farmette owners add welded wire to a split rail fence.
Preserved farms
Berks County leads Pennsylvania in preserved farmland: 70,031 acres on 709 farms by April 2016. If your land is under an agricultural conservation easement, read the easement before planning new fences or structures. See fencing preserved farmland.
How we help with a line fence
We can't settle a boundary or tell you who owes what. We can give both neighbors the same written quote for a shared line fence, stake the line from a survey, and build it in fall or spring so nobody is waiting through the winter months. If you're sorting out a line fence with the farm next door, call us when you're ready for the practical part.
Common questions
Does Pennsylvania's Fence Law apply to my house in a development?
No. In Fogle v. Malvern Courts the state Supreme Court limited it to farm and ranch land. A suburban neighbor can't use it to make you pay for half of a backyard fence.
Can my farm neighbor make me fix our line fence in January?
Under the Fence Law, no one can be required to build or repair a line fence from December through March. Talk to an attorney about how that applies to your situation.
My cows got into the neighbor's field. What happens now?
Under Pennsylvania's trespassing-livestock law, a constable can impound the animals, must notify you within 24 hours, and you have 4 days to pay damages. See who's liable when livestock get out, and call your insurer.