Catholic Mom

However, the remaining vast tracts of unsettled land were often used as a commons, or, in the American west, "open range." As degradation of habitat developed due to overgrazing and a tragedy of the commons situation arose, common areas began to either be allocated to individual landowners via mechanisms such as the Homestead Act and Desert Land Act and fenced in, or, if kept in public hands, leased to individual users for limited purposes, with fences built to separate tracts of public and private land.

The "open range" tradition of requiring landowners to fence out unwanted livestock was dominant in most of the rural west until very late in the 20th century, and even today, a few isolated regions of the west still have open range statutes on the books. Today, across the nation, each state is free to develop its own laws regarding fences, but in most cases for both rural and urban property owners, the laws are designed to require adjacent landowners to share the responsibility for maintaining a common boundary fenceline, and the fence is generally constructed on the surveyed property line as precisely as possible.

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