Neb. Rev. Stat. » Chapter 34
Nebraska Revised Statutes

Neb. Rev. Stat. § 34-115 (2026)

Lawful fences, defined

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Lawful fences of different kinds used for fence to enclose lands shall be as hereinafter defined. (1) A rail fence shall consist of at least six rails, such rails to be secured by stakes at the end of each panel, well set in the ground, with a rider on the stakes. (2) A board fence shall consist of not less than three boards of at least five inches in width and one inch thick; such boards to be well secured to posts; the posts to be not more than eight feet apart. (3) A rail and post fence shall consist of at least three rails, well secured at each end to posts; the posts not to be more than ten feet apart. (4) A pole and post fence shall consist of not less than four poles, to be well secured to posts; the posts not to be more than seven feet apart. (5) A wire fence shall consist of at least four wires, of a size not less than number nine fencing wire, to be well secured to posts, the posts to be at no greater distance than one rod from each other; and there shall be placed between every two of the posts one stake or post to which the wire shall be attached. Any of such wires may be a barbed wire composed of two or more single wire strands twisted into a cable wire with metal barbs thereon averaging not more than five inches apart, each of such single wire strands to be of a size not less than number twelve and one-half gauge fencing wire. (6) A hog and sheep tight fence shall consist of one barb wire at the ground, next above, one section of woven wire twenty-six inches high, consisting of not less than seven strands, the upper and lower strands to be number nine wire, intermediate strands to be number eleven wire with stays not more than twelve inches apart, and at the top, three barb wires at intervals of six, nine, and nine inches; and the whole shall be securely fastened to posts at no greater distance than one rod from each other, and there shall be placed between every two of the posts one stake or post to which the wire shall be attached. (7) All other fences made and constructed of boards, rails, poles, stones, hedge plants, or other material which upon evidence is declared to be as strong and well calculated to protect enclosures and is as effective for resisting breaching stock shall be considered a lawful fence.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1959–2023 · leading case: Evert v. Srb, 957 N.W.2d 475 (Neb. 2021).
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Evert v. Srb, 957 N.W.2d 475 (Neb. 2021). · cites it 3× “The district court affirmed the findings of the county court, but remanded the case to the county court for further determination of the - 899 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EVERT v.”
Muller v. Weeder, 924 N.W.2d 754 (Neb. Ct. App. 2019). · cites it 4× “Neb. Rev. Stat. § 34-115 (5) (Reissue 2016).”
Schnakenberg v. Schroeder, 367 N.W.2d 692 (Neb. 1985). · cites it 2× “Unless the owners of such lands adjoining shall have agreed otherwise, such fence shall be a lawful fence, as defined in section 34-115. § 34-102. The value of such fence, and the proportion thereof to be paid by each adjoining landowner and the proportion of the division fence…”
Baltensperger v. United States, 174 F. Supp. 601 (D. Neb. 1959). “§ 34-115, R.R.S.1943. The witness. Moss, who has farmed and raised cattle about forty years, stated that most pastures have a three or four wire fence.”
Hudkins v. Hempel, No. A-21-1011 (Neb. Ct. App. Jan. 31, 2023). · cites it 6× “Although the Appellants began to construct a fence on portions of the Disputed Area extending from the pasture fence, after hearing the evidence, the district court concluded that the fence the Appellants constructed was not a legal fence as defined by Neb. Rev. Stat. § 34-115…”
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