2006 Code of Virginia § 55-299 - Definition of lawful fence

55-299. Definition of lawful fence.

Every fence shall be deemed a lawful fence as to any stock named in 55-306,which could not creep through the same, if

(1) Five feet high, including, if the fence be on a mound, the mound to thebottom of the ditch,

(2) Of barbed wire, forty-two inches high, consisting of eight strands ofbarbed wire, firmly fixed to posts substantially set in the ground atintervals of sixteen feet, with a substantial stay or brace halfway betweensuch posts, to which such wires shall be also fixed, when such wires areplaced as follows: The first wire 21/2" above the ground, the second 51/2",the third nine inches, the fourth 131/2", the fifth nineteen inches, thesixth 261/2", the seventh 341/2", and the eighth forty-two inches,

(3) Of boards, four feet high, consisting of five boards not less than fiveinches wide and firmly attached to posts placed at intervals of eight feet, or

(4) Three feet high within the limits of any incorporated town whose charterdoes not prescribe, nor give to the council thereof power of prescribing,what shall constitute a lawful fence within such corporate limits.

A cattle guard reasonably sufficient to turn all kinds of livestock shallalso be deemed a lawful fence as to any livestock mentioned in 55-306.

Nothing contained in this section shall affect the right of any such town toregulate or forbid the running at large of cattle and other domestic animalswithin its corporate limits.

Any wire fence of any kind whatsoever, except as above described, and exceptin the case of incorporated towns as above provided, shall be forty-fourinches high and of such construction that stock named in 55-306 cannotcreep through the same.

(Code 1950, 8-869; 1977, c. 624.)