Delaware § 1301 - Lawful fences; height; barbed wire.
Full text of Delaware Delaware Code § 1301 — Lawful fences; height; barbed wire., with citation guidance and answers to common questions.
§ 1301. Lawful fences; height; barbed wire.
A good fence of wood, iron, wood and iron rods or wire, stone, or well set thorn, 41/2 feet high or 4 feet high and having a ditch within 2 feet of it, shall be deemed a lawful fence in New Castle and Kent Counties, and in Sussex County 4 feet shall be the height of lawful fences. Barbed wire shall not be used for division fences except by the mutual consent of the owners of the properties divided by such fences. No fence of any kind which is composed in whole or in part of, or to which there is or has been added, barbed wire, razor wire or any barbed wire type of fencing material shall be permitted in any residential district without prior approval of the county or municipal zoning board or its board of adjustment, unless the property being enclosed by such fence is being used for farming or educational purposes.
Code 1852, § 1000; 19 Del. Laws, c. 656; Code 1915, § 3624; Code 1935, § 4173; 25 Del. C. 1953, § 1301; 71 Del. Laws, c. 157, § 1;Frequently Asked Questions About Delaware § 1301
What does Delaware Code § 1301 cover?
Section 1301 ("Lawful fences; height; barbed wire.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 1301?
A common citation format is "Delaware Code § 1301" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 1301 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.