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Over time, court cases steadily limited the application of open range law until the present day, where it is the exception rather than the rule in many parts of the American West.In the United Kingdom, the law is different for private land and common land.Most agricultural fencing averages about 4 feet (1.2 m) high, and in some places, the height and construction of fences designed to hold livestock is mandated by law.Historically throughout most of the world, domesticated livestock would roam freely and were fenced out of areas, such as gardens or fields of crops, where they were unwanted.

They can be made from a wide variety of materials, depending on terrain, location and animals to be confined.

Though the open range was part of the western tradition, over time, open range was limited long before it was eliminated completely; first came an obligation to keep cattle from roaming onto state and federal highways, where collisions with fast-moving cars and trucks created a public safety hazard.

In addition, voters could voluntarily choose to make certain heavily farmed areas a "herd district," where livestock needed to be fenced in, a process that also became popular in areas where development of hobby farms created conflicts between large and small landowners.

On private land it is the owner's responsibility to fence livestock in, but it is the responsibility of landowners bordering a common to fence the common's livestock out.

Over time, especially where crop agriculture became dominant and population density of both humans and animals was significant, livestock owners were made to fence their animals in.

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The earliest fences were made of available materials, usually stone or wood, and these materials are still used for some fences today.

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