What is a fence?
A fence is generally defined as a visible, tangible obstruction that has been raised between two tracts of land so as to separate, protect, and enclose the land. In Florida, the legislature has provided for two types of fences: general and legal. A general fence is a fence that must be “substantially constructed,” or made from rails, logs, post and railing, iron, steel, or other such material, and be no less than five feet high. To the extent of two feet from the ground, the material used to construct the fence should not have gaps greater than four inches. If a general fence is constructed in a ditch that is at least four feet wide, the fence height can be measured as five feet from the bottom of the ditch to the top of the fence (Florida Statutes section 588.01). The statutory requirements of a general fence to prevent the intrusion of swine will constitute a legal fence in those remote instances where the running of swine is legal (Florida Statutes section 588.011). Currently, most
