FENCE - The Law Mind Legal Dictionary

FENCEAuthored

The Law Mind • 1117 words

Definition

FENCE carries two distinct legal meanings that share nothing but the same word.

1. Physical barrier or enclosure. A fence is a structure, hedge, ditch, gate, or other continuous obstruction erected between adjoining parcels of land to mark a boundary, enclose a space, or divide an estate from itself. The term is broadly construed: courts have held it includes ditches, gates, and other barriers that serve the enclosing function regardless of material. Fences on boundary lines are generally governed by local statute or ordinance, which typically address cost-sharing obligations between neighboring landowners, required heights, and maintenance duties.

2. Receiver of stolen goods. In criminal law and the law of theft offenses, a fence is a person who knowingly receives, purchases, conceals, or resells stolen property, acting as a commercial intermediary between thieves and buyers. The term encompasses both the individual and, by extension, the location where the activity occurs. The fence's criminal liability rests on knowledge that the goods were stolen, distinguishing the offense from innocent receipt. Modern statutes have largely absorbed the common-law receiving offense into broader theft or trafficking provisions.

Common Language

Modern common usage (Wiktionary): A thin artificial barrier separating two pieces of land or forming a perimeter enclosure; also, informally, someone who buys and sells stolen goods.

Historical common usage (Webster's 1913): That which fends off attack or danger; a defense, protection, or shield; also, an enclosing structure of wood, iron, or other material intended to prevent intrusion from without or straying from within.

The gap matters for two reasons. First, the common meaning of fence-as-barrier is also a legal meaning, but the legal usage is more technically specific: it triggers statutes governing boundary obligations, livestock law, and nuisance, not merely the physical object's existence. Second, the criminal law meaning — fence as receiver of stolen goods — is standard legal vocabulary that casual readers often miss entirely when they encounter the word in older criminal law texts, indictments, or treatises.

Common Confusion

The two legal meanings are entirely unrelated and context usually resolves them, but confusion can arise in older texts where the word appears without clear framing. A nineteenth-century criminal report discussing a fence's liability is not discussing property lines. Conversely, a deed dispute or fence-viewer proceeding has nothing to do with stolen goods. Researchers working in period materials should confirm which meaning applies before tracing the relevant doctrine.

Recognized Forms

/SUBTYPES

Physical fence law recognizes several functional categories that affect legal duties:

— Boundary fence: erected on or near the line between two properties; cost and maintenance typically shared by statute.
— Partition fence: synonymous with boundary fence in many older statutes; the term appears frequently in nineteenth-century American fence acts.
— Lawful fence: a statutory standard specifying the height, material, or construction required for a fence to qualify as legally sufficient — relevant in livestock-trespass disputes where liability turns on whether the injured party maintained a lawful fence.
— Fence viewer: a local official (common in New England and Midwestern states) empowered to inspect, adjudicate, and apportion fence obligations between neighbors.

For the criminal meaning, modern law uses receiving stolen property, trafficking in stolen goods, or possession of stolen property as statutory labels. The word fence in criminal statutes is uncommon today but prevalent in historical indictments and commentary.

Why It Matters in Research

For property researchers: The physical-fence cases in the Law Mind corpus cluster around two distinct bodies of law — boundary and enclosure disputes (closely tied to survey records, deeds, and local fence acts) and livestock-trespass cases (where the lawful-fence standard determines whether the animal's owner or the landowner bears liability). These bodies overlap but are not identical. Nineteenth-century American states passed specific fence acts that modified the common-law default; those statutes vary substantially and were frequently amended. Rapalje & Lawrence's note that a "ditch" qualifies as a fence signals the functional, not formalistic, test courts apply — a point that still surfaces in modern boundary litigation.

For criminal law researchers: The fence appears heavily in eighteenth- and nineteenth-century English criminal practice materials, including handling and receiving offenses under the old larceny framework. In the American corpus, the vocabulary shifts: indictments may charge receiving stolen goods without using the word fence at all. Researchers tracing the criminal fence concept should run parallel searches on receiving, knowingly receiving, and trafficking to capture the full run of relevant materials.

The Scottish usage noted by Rapalje & Lawrence — to fence a court, meaning to open court with formal proclamation — is an entirely distinct archaic term of art. It is effectively dead in modern practice but appears in Scottish criminal records and requires recognition when encountered.

Historical Dictionary Support

Bouvier defines fence in the property sense functionally: any building or erection between contiguous estates sufficient to divide them, with the material immaterial so long as obstruction exists. Bouvier cites Illinois and Maine authority for the broad construction and notes that fences are regulated by local law and typically built on the boundary line with shared cost. This aligns with the standard nineteenth-century American approach.

Rapalje & Lawrence add two important notes: first, the functional inclusion of ditches (consistent with Bouvier); second, the Scottish procedural usage of fencing a court — a meaning wholly absent from American dictionaries and easily overlooked. Neither Bouvier nor Anderson engages the criminal fence meaning directly, reflecting the tendency of the formal law dictionaries to treat that usage as slang or cant rather than legal vocabulary. Researchers relying solely on these dictionaries for the criminal meaning will find the coverage thin; English criminal law sources and glossaries of thieves' cant fill the gap.

Anderson's entry for fence in the corpus materials provided does not engage the term directly, having apparently been cross-referenced to an unrelated entry. This gap underscores why triangulation across sources is necessary.

Jurisdictional Note

Fence law in the property sense is overwhelmingly local. American states diverged in the nineteenth century between "fence-in" jurisdictions (where landowners must fence out roaming livestock or bear trespass liability) and "fence-out" jurisdictions (where livestock owners bore responsibility). Many western states followed an open-range default that remains relevant today. Criminal fence law is now statutory in all U.S. jurisdictions, with varying knowledge standards and penalty tiers.

Encyclopedia Cross-Reference

Law Mind Encyclopedia — Property Boundaries
Law Mind Encyclopedia — Receiving Stolen Goods
Law Mind Encyclopedia — Livestock and Open Range Law

FENCEmain

Anderson's Dictionary of Law • 1890

See Civil damages. Injuries sustained either to one's rights as a citizen of a State and of the United States, or else to his relative rights as a member of a family, and aside from any view of the act complained of as an offense to the public and punishable in the criminal tribunals. Civil Damage Laws. (1) Statutes which confer upon colored persons individual rights of action in the civil courts for any discrimination against them and in favor of white persons on account of race, color, or previous condition of servitude. See RIGHT, Civil Rights Act. (2) Statutes which confer a right of action in a civil court upon the wife, family, or a near 12 Greenl. Ev. § 253; Dow v. Humbert, 91 U. S. 299 (1875), Miller, J. See also Shugart v. Egan, 83 111. 57 (1876); Tetzner v. Naughton, 13 Bradw. 153 (1882); Scripps v. Reilly, 38 Mich. 23 (1878); 9 Heisk. 850; 26 Ga. 271; 16 Johns. 143; 55 Vt. 164. 2 Wicker v. Hoppock, 6 Wall. 99 (1867), Swayne, J. 3 See Berry v. Fletcher, 1 Dill. 71 (1870), Dillon, Circ. J.; Lobdell v. New Bedford, 1 Mass. *153 (1804); Welsh v. Anthony, 16 Pa. 256 (1851); 10 Oreg. 342. 4 Missouri Pacific R. Co. v. Humes, 115 U. S. 523 (1885), Field, J. (20) From an early day, and as a necessity, the State legislatures have passed laws defining and enumerating felonies as those crimes punishable by confinement in the penitentiary; and such confinement has come to be the test in nearly every State.1 The term as used in acts of Congress is not susseptible of definition.1 As a rule, the grade of the offense is determined by the nature of the punishment prescribed. A crime which might be punished by imprisonment in a State's prison was a felony, in New York, prior to the adoption of the Penal Code.2 Offenses made felonies by statute are called statutory felonies, in contradistinction to common-law felonies-murder, manslaughter, rape, arson, burglary, theft, and robbery. The common-law procedure in the prosecution and punishment, without forfeiture, continues as the characteristic by which felony is distinguished from treason on the one hand and from misdemeanor on the other. Felon. One who has committed a felony. Felonious; feloniously. Generally, so indispensable in an indictment for felony, that no other word will be recognized as equivalent. See ASSAULT; CRIME; DAMAGES; HOMICIDE; INFAMY; A line of obstacle, composed of any material that will present the desired obstruction.4 Partition fence. As contemplated in a statute, a fence on the line between two proprietors, where there is no road, alley, or other thing which would prevent the erection of such a fence.5 See WALL. Fences are regulated by local laws. Boundary fences are to be built on the line, and, when made as intended by law, the cost is borne equally between the parties. A partition fence is presumed to be the common property of both owners. In some States, steam railway companies are required by statute to protect their tracks by fences. Failure to comply with its contract to fence renders a company liable for injuries to children and animals, consequent thereon." A statute requiring a railroad to maintain fences and cattle-guards on the sides of its road, and, if it does not, making it liable in double the amount of 1 Black v. Tricker, 59 Pa. 13, 16 (1868), Thompson, C. J.; 2 S. & R. 189; 6 W. & S. 346; 14 W. N. C. 191. 2 McDowall v. Wood, 2 N. & Mc. *242 (S. C., 1820); Newbiggin v. Pillans, 2 Bay, 165 (S. C., 1798); ib. 113. 3 Taylor v. Meads, 34 L. J. Ch. 207 (1865); 21 Cent. Law J. 47-49 (1885), cases; 24 Am. Law Reg. 353-68, 65962 (1885), cases; 1 Story, Eq. § 243; 2 Kent, 150. 4 [Allen v. Tobias, 77 III. 171 (1875), Breese, J. Hewit v. Jewell, 59 Iowa, 38 (1882), Seevers, C. J.: Iowa Code, § 1495; 58 Iowa, 256; Jacobs v. Moseley, 91 Mo. 462 (1886). See 15 Conn. 526; 50 Iowa, 237; 59 id. 38; 2 Me. 72; 11 Mass. 294; 2 Metc., Mass., 180; 28 Mo. 556; 12 Mo. Ap. 558; 3 Wend. 142; 32 Pa. 65; 2 Greenl. Ev. § 617; 2 Washb. R. P. 79; 3 Kent, 438. See Hayes v. Michigan Central R. Co., 111 U. S. 228 (1884); 50 Conn. 128; 62 Ga. 679; 68 Ind. 297; 22 Kan. 359; 63 Me. 308; 24 Minn. 394; 25 id. 328; 31 Miss. 157; 46 id. 573; 69 Mo. 91, 215; 6 Mo. Ap. 397; 18 Hun, 108; 15 Pa. 200; 1 Thomp. Neg. 501, cases.

FENCEmain

Bouvier's Law Dictionary • 1928

A building or erection be- tween two contiguous estates, so as to divide them, or on the same estate, so as to divide one part from another. It may be of any material presenting a sufficient ob- struction; 77 III. 169; and has been held to include a gate; 63 Me. 308. See 19 Can. L. J. 204. Fences are regulated by local laws. In general fences on boundaries are to be built on the line, and the cost, when made no more expensively than is required by law, is borne equally between the parties; 2 Miles 337, 395; 2 Me. 72; 11 Mass. 294; 3 Wend. 142; 15 Conn. 526; 50 Iowa 237. For modifications of the rule, see 32 Pa. 65; 28 Mo. 556. One adjoining land-owner can compel another to contribute to the ex- pense of maintaining a partition fence only when the fence completes an inclosure which contains no other lands than those of the latter; 50 Ohio St. 722. A partition fence is presumed to be the common prop- erty of both owners of the land; 8 B. & C. 257, 259, note a; 20 III. 334; 24 Minn. 307. When built upon the land of one of them it is his; but if it were built equally upon the land of both, at their joint expense, each would be the owner in severalty of the part standing on his own land; 5 Taunt. 20; 2 Greenl. Ev. § 617. See 2 Washb. R. P. 79. A class of cases has arisen, in this coun- try, regartling the responsibility of steam railway companies for protecting their tracks by fences. In some cases they are required by statute to do so, but unless SO required they are not under any obligation to do so, having no other duty than other land-owners; 3 Wood, R. R. 1843; 78 Fed. Rep. 94. A railroad company, when not re- quired by law to fence its tracks, in doing so only exercises extraordinary diligence to prevent danger to cattle, and is not liable if it fails to maintain such fence; 35 S. W. Rep. (Ind. Ter.) 238. When the company is required by statute to fence its track, a fafl- ure to do so renders it liable to an employe for an injury caused thereby; 60 Fed. Rep. 370; and see 25 L. R. A. 820, note. But in a very recent case (78 Fed. Rep. 94) the circuit court of appeals held that the Virginia fence act imposed a duty only to the owners of stock and not to the railroad's employes; and that the violation of the act is no ground of recovery for the death of an employe, killed by the derailing of his train by cattle which came upon the track at a place where the right of way was not fenced. The court distinguished the cases in 111 Mo. 178; 124 id. 140; 119 N. Y. 488, as arising under a special statute. Mandamus is the proper remedy to com- pel the performance of the statutory duty; 12 L. R. A. 180, note. The power of the states to require such fencing by statute is fully sustained; 70 Tex. 298; s. C. 85 Am. & Eng. R. R. Cas. 286; and the extent and manner of it are within the legislative discretion; 19 id. 545; s. c. 109 Ill. 402; and such statutes are valid under the police power; id. 402, 537; 140 id. 309; 35 Minn. 503; 16 Kan. 578; 66 Pa. 164; 26 Mo. 441; (a leading case collecting author- ities and approving; 27 Vt. 141;) and are not unconstitutional as imposing expense on one for the sole benefit of another; 68 Mo. 56. As a means of compelling railroads to fence their tracks statutes have been en- acted in many states making them abso- lutely liable in damages for killing stock, by analogy to the similar statutes respect- ing damage by fires from locomotives (q. v.); but such statutes have generally been held unconstitutional where the question has been raised; 58 Ala. 594; 62 id. 71; 6 Utah 253; 8 Mont. 271, 279; 98 N. C. 778; 18 Colo. 600; 16 Kan. 573; 1 Wash. 206; 25 L. R. A. 320, note. In some states the common law requiring the owner of cattle to keep them within a sufficient enclosure is held not to be in force, and in such case a railroad company, while not required to fence, and fully au- thorized to transact its lawful business on its track, must exercise reasonable care to avoid injuring cattle which have wandered on their premises, and it is liable for acci- dents which by ordinary care could have been prevented; 46 Miss. 573; 71 Ala. 545; 27 Conn. 393; 31 Fla. 669; 59 Md. 306; 24 Vt. 487; 89 Mo. 147; 3 Wood, R. R. 1846. Where it is the duty of the company, aris- ing out of the contract, to fence its track, a failure to comply with the terms of such contract renders the company liable for all injuries to animals consequent thereon. See, generally, as to fencing railroads; 8 Wood, R.R. §§ 417 and 421, where these cases are collected; 5 L. R. A. 787, note, and 8 id. 135, both citing statutes and decisions; 11 id. 427 (Missouri statutes and decisions); Whart. Negl. 892; 93 Mich. 607; 65 Hun 622; 42 Ill. App. 90; 119 Ν. Υ. 468; 124 Mo. 140; 111 id. 173. Barbed wire fences have given rise to much litigation in this country. It is held that one is not necessarily negligent in using a barbed wire fence, but it should be so used and cared for as not to endanger persons and property, and the use of such fenc

FENCEn.

Websters Unabridged Dictionary (1913) • 1913

That which fends off attack or danger; a defense; a protection; a cover; security; shield. Let us be backed with God and with the seas, Which he hath given for fence impregnable. Shak. A fence betwixt us and the victor's wrath. Addison. An inclosure about a field or other space, or about any object; especially, an inclosing structure of wood, iron, or other material, intended to prevent intrusion from without or straying from within. Leaps o'er the fence with ease into the fold. Milton. A projection on the bolt, which passes through the tumbler gates in locking and unlocking. Self-defense by the use of the sword; the art and practice of fencing and sword play; hence, skill in debate and repartee. See Fencing. Enjoy your dear wit, and gay rhetoric, That hath so well been taught her dazzing fence. Milton. Of dauntless courage and consummate skill in fence. Macaulay. A receiver of stolen goods, or a place where they are received. [Slang] Mayhew.

FENCEv.

Websters Unabridged Dictionary (1913) • 1913

To fend off danger from; to give security to; to protect; to guard. To fence my ear against thy sorceries. Milton. To inclose with a fence or other protection; to secure by an inclosure. O thou wall! . . . dive in the earth, And fence not Athens. Shak. A sheepcote fenced about with olive trees. Shak. To fence the tables (Scot. Church), to make a solemn address to those who present themselves to commune at the Lord's supper, on the feelings appropriate to the service, in order to hinder, so far as possible, those who are unworthy from approaching the table. McCheyne.

FENCEv.

Websters Unabridged Dictionary (1913) • 1913

To make a defense; to guard one's self of anything, as against an attack; to give protection or security, as by a fence. Vice is the more stubborn as well as the more dangerous evil, and therefore, in the first place, to be fenced against. Locke. To practice the art of attack and defense with the sword or with the foil, esp. with the smallsword, using the point only. He will fence with his own shadow. Shak. Hence, to fight or dispute in the manner of fencers, that is, by thrusting, guarding, parrying, etc. They fence and push, and, pushing, loudly roar; Their dewlaps and their sides are batDryden. As when a billow, blown against, Falls back, the voice with which I fenced A little ceased, but recommenced. Tennyson.

fencenoun

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

A thin artificial barrier that separates two pieces of land or forms a perimeter enclosing the lands of a house, building, etc. | Someone who hides or buys and sells stolen goods, a criminal middleman for transactions of stolen goods. | The place whence such a middleman operates. | Skill in oral debate. | The art or practice of fencing. | A guard or guide on machinery. | A barrier, for example an emotional barrier. | A memory barrier. | The boundary.

fenceverb

Wiktionary (English) • 2026

To enclose, contain or separate by building fence. | To defend or guard. | To engage in the selling or buying of stolen goods. | To engage in the sport of fencing. | To jump over a fence. | To conceal the truth by giving equivocal answers; to hedge; to be evasive.

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