Title 16 — Title 16 ANIMALS AND LIVESTOCK

A lawful fence shall be of at least four barbed, horizontal, well-stretched wires, spaced so that the top wire is forty-eight inches, plus or minus four inches, above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. Thes…

All other fences as strong and as well calculated as the fence described in RCW 16.60.010 shall be lawful fences.[ 1985 c 415 s 23; Code 1881 s 2489; 1873 p 447 s 2; 1871 p 64 s 2; 1869 p 324 s 2; RRS s 5442. Formerly RCW 16.60.010, part.]

Any person making and maintaining in good repair around his or her enclosure or enclosures, any fence such as is described in RCW 16.60.010 and 16.60.011, may recover in a suit for trespass before the nearest court having competent jurisdiction, from the owner or owners of any an…

When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure [enclosure], so that such fence may also answer the purpose of inclosing [enclo…

When two or more persons own land adjoining which is inclosed [enclosed] by one fence, and it becomes necessary for the protection of the interest of one party said partition fence should be made between them, the other or others, when notified thereof, shall erect or cause to be…

If, after notice has been given by either party and a reasonable length of time has elapsed, the other party neglect or refuse to erect or cause to be erected, the one-half of such fence, the party giving notice may proceed to erect or cause to be erected the entire partition fen…

The respective owners of adjoining inclosures [enclosures] shall keep up and maintain in good repair all partition fences between such inclosures [enclosures] in equal shares, so long as they shall continue to occupy or improve the same; and in case either of the parties shall de…

When any person shall unwittingly or by mistake, erect any fence on the land of another, and when by a line legally determined that fact shall be ascertained, such person may enter upon the premises and remove such fence at any time within three months after such line has been ru…

When any party shall wish to lay open his or her inclosure [enclosure], he or she shall notify any person owning adjoining inclosures [enclosures], and if such person shall not pay to the party giving notice one-half the value of any partition fence between such enclosures, withi…

In assessing the value of any partition fence, the parties shall proceed as provided for the assessment of damages in RCW 16.60.020.[Code 1881 s 2497; 1873 p 449 s 10; 1871 p 66 s 10; 1869 p 326 s 10; RRS s 5450.]

Upon the trial of any cause occurring under the provisions of RCW 16.60.010 through 16.60.076, the defendant may impeach any such assessment, and in that case the court or the jury shall determine the damages.[Code 1881 s 2498; 1873 p 449 s 11; 1871 p 66 s 11; 1869 p 326 s 11; RR…

The owner of any animal that is unruly, and in the habit of breaking through or throwing down fences, if after being notified that such animal is unruly and in the habit of breaking through or throwing down fences as aforesaid, he or she shall allow such animal to run at large, s…

In case of actions for damages under RCW 16.60.010 through 16.60.076, it shall be sufficient to prove that the fence was lawful when the break was made.[Code 1881 s 2500; 1873 p 450 s 13; 1871 p 66 s 13; RRS s 5453. Formerly RCW 16.04.090, part.]

Whenever any inhabitant of this state shall have his or her fences removed by floods or destroyed by fire, the county commissioners of the county in which he or she resides shall have power to grant a license or permit for him or her to put a convenient gate or gates across any h…

It shall be lawful for the auditor of any county to grant such permit in vacation, but his or her license shall not extend past the next meeting of the commissioner's court.[ 2011 c 336 s 431; Code 1881, Bagley's Supp., p 25 s 2; 1871 p 104 s 2; RRS s 5460. Formerly RCW 16.60.080…

Any person retaining a gate across the highway after his or her license shall expire, shall be subject to a fine of one dollar for the first day and fifty cents for each subsequent day he or she shall retain the same, and it may be removed by the road supervisor, as an obstructio…

The fees of the auditor under RCW 16.60.080 through 16.60.095 shall be paid by the applicant.[Code 1881, Bagley's Supp., p 25 s 4; 1871 p 104 s 4.]