The One Montana Law That’ll Make City Folks Blink

August 8, 2025

If you’re from out of state and thinking about buying land in Montana, here’s something that might shock you: You’re responsible for keeping other people’s animals off your land.

In much of Eastern Montana, we live under open range law, which means livestock — like cattle or horses — can legally roam. And if they wander onto your property? That’s on you.



Yes, You Read That Right: Fence Them Out

If you don’t want livestock munching your pasture or walking through your driveway, you’re expected to build and maintain a fence to keep them off — not the other way around.

Even more surprising? If you hit a cow on the road in open range territory, the driver — not the rancher — could be the one liable.



What This Means for Buyers

Open range isn’t just a legal quirk. It impacts:

  • Fencing costs and responsibilities
  • Neighbor relationships
  • Livestock conflict potential
  • Insurance considerations
  • Property upkeep expectations

And yet, it’s often left out of flashy land listings or overlooked by agents who’ve never ranched a day in their life.



Buy With Your Eyes Open

Erik Erickson is a rancher, veteran, and land broker who’s lived the realities of rural Montana life. He helps buyers navigate these cultural and legal differences — before they become expensive surprises.


If you’re looking for land and want someone who knows what to ask (and what to warn you about), call 406‑861‑5558 or visit mtlandandranch.com to talk to Erik today.



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