# Tenn. Code Ann. § 44-8-104: Paling and wire fence lawful

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-104

## Section

- **Citation:** Tenn. Code Ann. § 44-8-104
- **Heading:** Paling and wire fence lawful
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 44 / Chapter 8 / Section 44-8-104

## Text

The paling and wire fence is made a lawful fence; provided, that the fence is built upon good-sized, substantial posts, set firmly in the ground, not more than twelve feet (12') apart; and provided further, that there is firmly fastened upon these posts two (2) sets double-strand wire, one (1) near the top, the other near the bottom, into which there is woven substantial sawed or split palings, not less than three feet (3') long, with one (1) barbed wire one foot (1') above the paling, or four feet (4') without the wire, and not more than three inches (3") apart; but nothing in this section shall be construed as repealing any statute providing for lawful fences in this state. Acts 1899, ch. 374, §§ 1, 2; Shan., § 2981a1; Code 1932, § 5205; T.C.A. (orig. ed.), §§ 44-1704, 44-9-104.
The paling and wire fence is made a lawful fence; provided, that the fence is built upon good-sized, substantial posts, set firmly in the ground, not more than twelve feet (12') apart; and provided further, that there is firmly fastened upon these posts two (2) sets double-strand wire, one (1) near the top, the other near the bottom, into which there is woven substantial sawed or split palings, not less than three feet (3') long, with one (1) barbed wire one foot (1') above the paling, or four feet (4') without the wire, and not more than three inches (3") apart; but nothing in this section shall be construed as repealing any statute providing for lawful fences in this state.
Acts 1899, ch. 374, §§ 1, 2; Shan., § 2981a1; Code 1932, § 5205; T.C.A. (orig. ed.), §§ 44-1704, 44-9-104.

## Nearby sections

- [Tenn. Code Ann. § 44-8-101 Land in cultivation sufficiently fenced](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-101.md)
- [Tenn. Code Ann. § 44-8-102 Various materials constituting sufficient fencing - Rules](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-102.md)
- [Tenn. Code Ann. § 44-8-103 Horses, cattle, and mules sufficiently fenced](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-103.md)
- [Tenn. Code Ann. § 44-8-104 Paling and wire fence lawful](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-104.md)
- [Tenn. Code Ann. § 44-8-105 Three-wire, plank, or slat fence a lawful fence](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-105.md)
- [Tenn. Code Ann. § 44-8-106 Damages for trespass - Determination - Recovery](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-106.md)
- [Tenn. Code Ann. § 44-8-107 Defense of insufficiency of fence](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-107.md)
- [Tenn. Code Ann. § 44-8-108 Injury to animals](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-108.md)
- [Tenn. Code Ann. § 44-8-109 Notoriously mischievous stock to be confined](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-109.md)
- [Tenn. Code Ann. § 44-8-110 Liability of owners of notoriously mischievous stock](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-110.md)
- [Tenn. Code Ann. § 44-8-111 Stock liable to execution](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-111.md)
- [Tenn. Code Ann. § 44-8-112 Pulling and leaving down fence, or opening and leaving open gate, a misdemeanor](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-112.md)
- [Tenn. Code Ann. § 44-8-201 Partition fence defined - Joining fences](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-201.md)
- [Tenn. Code Ann. § 44-8-202 Fences to be erected and maintained at joint expense](https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-202.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T44_C8_S44-8-104. Check the current official text before relying on it. Not legal advice.