Green Horizons

In Part 1 of this series, we covered Missouri’s "general" fence law. As of May 2008, 18 counties have opted into the "optional county fencing statute" (Chapter 272.210 of the state’s fencing statute). These counties are Bates, Clinton, Daviess, Gentry, Grundy, Harrison, Knox, Linn, Macon, Mercer, Newton, Putnam, Schuyler, Scotland, Shelby, Sullivan, St. Clair and Worth. So, what are the basic differences between the "general" and "optional" fencing statutes?

Forced Contribution and Maintenance
If either neighboring landowner needs a division fence, the neighbor has to pay for half the cost of the "lawful fence" (different definition in optional counties) and maintain half (Missouri statute 272.235).

Lawful Fence
A lawful fence is defined basically as one equivalent to a fence of four barbed wires supported by posts not more than 12 feet apart, or 15 feet apart with one stay. If either neighbor wants a more costly fence, then he will have to build it and pay for it (Missouri statute 272.210.1).

No Right-Hand Rule
The optional county fence statutes make no mention of any right-hand rule. Each neighbor is to build and to maintain "half." Disputes are to be taken to the associate circuit court, which appoints three fence viewers to report back to the court (Missouri statute 272.240).

Actual Damages
If your livestock trespass through your portion of the division fence and it was in need of repair, then you may be liable for the actual damages (not double damages) caused to your neighbor’s crops or livestock (Missouri statute 272.230).

It is important to note that neighbors are still free to make a fencing agreement that is different from these statutory provisions. Just be sure it is in writing, signed and recorded properly (Missouri statute 272.235). If you do deviate from these statutory provisions it is best to have an attorney draw up a legal document.