Legal Issues You Need to Be Aware of When You Have Barbed Wire FencingBarbed wire fencing has an important history in the United States. First patented by Joseph Glidden, barbed wire’s best design remains virtually unchanged since 1873, with sharp barbs twisted around lengths of wire to keep them in place. It became massively popular with farmers in the 1870s, helping establish countless settlements in the West, which remained mostly boundless plains of land.

Settlers added barbed wires to help prevent roaming livestock in farmsteads, using it to set up perimeters around newly claimed land. Cheap to buy and maintain and easy to install, barbed wire fencing literally shaped the west of the US, reducing the costs of enclosing claimed land. It’s said that barbed wire truly tamed the Wild West.

Today, barbed wire fencing remains a popular choice in agriculture and various other industries. Newer laws are in place that regulate it’s uses, so if you’re considering installing a new barbed wire fence then be aware of the following possible legal issues:

You Probably Can’t Use it in Urban Areas
Given the fact that barbed wire is quite a hazard to people and animals, it’s been mostly banned in urban areas. That means you probably can’t install it in a residential area in a town or city, as it’s most likely prohibited.

Planning permission is usually required for most types of fencing installations at a domestic property, most of which outright ban the use of certain materials, namely barbed and electric wire fences.

You May Need to Prove It’s Necessary for Residential Use
While most places outright ban the use of barbed wire fencing, there are instances where you can claim its necessary. For instance, in Sacramento you can possibly receive permission for barbed wire fencing by obtaining a court order that proves the material is necessary for protecting people or property.

You Must Follow Legal Fencing Requirements
Barbed wire fencing is legal in various circumstances, most notably for landowners in rural areas and in various industrial areas. However, whenever installing barbed wire fencing you must meet the legal fence requirements as deemed by local legislation. For example, most legal barbed wire fence requirements limit the amount of wires, the distance the wire is from the ground, barb sizes, and require them to be securely attached to a set amount of posts.  Check local laws to clarify what is deemed a legal fence in your area.

Neighbor Permission is Often Required
In certain areas of the country you can only install a barbed wire fence with permission of a neighboring landowner, should the fence fall on the boundary between each other’s land. Landowners should always check this to confirm legal implications of erecting a barbed wire fence without permission from adjacent landowners.
