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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 272 Fences and Enclosures
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All fields and enclosures where animals are kept shall be
enclosed by a lawful fence as defined in section 272.020. (RSMo 1939 §
14569, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12906; 1919 § 5511; 1909 § 6454
CROSS REFERENCE: Railroad companies to maintain lawful fence; gates and
cattle guards, where, RSMo 389.650
1. Any fence consisting of posts and wire or boards at least
four feet high which is mutually agreed upon by adjoining landowners or
decided upon by the associate circuit court of the county is a lawful
fence.
2. All posts shall be set firmly in the ground not more than twelve feet
apart with wire or boards securely fastened to such posts and placed at
proper distances apart to resist horses, cattle and other similar
livestock. (RSMo 1939 § 14570, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12907; 1919 § 5512; 1909 § 6455
If any horses, cattle or other stock shall break over or through
any lawful fence, as defined in section 272.020, and by so doing obtain
access to, or do trespass upon, the premises of another, the owner of
such animal shall, for the first trespass, make reparation to the party
injured for the true value of the damages sustained, to be recovered with
costs before a circuit or associate circuit judge, and for any subsequent
trespass the party injured may put up said animal or animals and take
good care of the same and immediately notify the owner, who shall pay to
taker-up the amount of the damages sustained, and such compensation as
shall be reasonable for the taking up and keeping of such animals, before
he shall be allowed to remove the same, and if the owner and taker-up
cannot agree upon the amount of the damages and compensation, either
party may institute an action in circuit court as in other civil cases.
If the owner recover, he shall recover his costs and any damages he may
have sustained, and the court shall issue an order requiring the taker-up
to deliver to him the animals. If the taker-up recover, the judgment
shall be a lien upon the animals taken up, and in addition to a general
judgment and execution, he shall have a special execution against such
animals to pay the judgment rendered, and costs. (RSMo 1939 § 14571, A.L.
1945 p. 917, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12908; 1919 § 5513; 1909 § 6456
Effective 1-2-79
Upon complaint of either party claiming to be injured because of
the trespass or taking up of livestock as described in section 272.030,
the associate circuit judge shall, without delay, issue an order to three
disinterested householders of the neighborhood, not of kin to either
party, reciting the complaint, and requiring them to view the fence where
the trespass is complained of, and take memoranda of the same, and appear
before the court on the day set for trial; and their evidence shall
determine the lawfulness of such fence. The persons appointed by the
associate circuit judge shall be paid twenty-five dollars each per day
for the time actually employed which shall be taxed as costs in the case
equally against the parties and collected accordingly. (RSMo 1939 §
14572, A.L. 1945 p. 917, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12909; 1919 § 5514; 1909 § 6457
If any person who does not maintain a sufficient fence shall
hurt, wound, lame, kill or destroy, or cause the same to be done by
shooting, worrying with dogs, or otherwise, any of the animals in this
chapter mentioned, such person shall satisfy the owner in double damages
with costs. (RSMo 1939 § 14573, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12910; 1919 § 5515; 1909 § 6458
1. Whenever the owner of real estate desires to construct or
repair a lawful fence, as defined by section 272.020, which divides his
or her land from that of another, such owner shall give written notice of
such intention to the adjoining landowner. The landowners shall meet and
each shall construct or repair that portion of the division fence which
is on the right of each owner as the owners face the fence line while
standing at the center of their common property line on their own
property. If the owners cannot agree as to the part each shall construct
or keep in repair, either of them may apply to an associate circuit judge
of the county who shall forthwith summon three disinterested householders
of the township or county to appear on the premises, giving three days'
notice to each of the parties of the time and place where such viewers
shall meet, and such viewers shall, under oath, designate the portion to
be constructed or kept in repair by each of the parties interested and
notify them in writing of the same. Such viewers shall receive
twenty-five dollars each per day for the time actually employed, which
shall be taxed as court costs.
2. Existing agreements not consistent with the procedure prescribed by
subsection 1 of this section shall be in writing, signed by the agreeing
parties, and shall be recorded in the office of the recorder of deeds in
the county or counties where the fence line is located. The agreement
shall describe the land and the portion of partition fences between their
lands which shall be erected and maintained by each party. The agreement
shall bind the makers, their heirs and assigns. (RSMo 1939 § 14574, A.L.
2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12911; 1919 § 5516; 1909 § 6459
If either party fails to construct or repair his or her portion
of the fence in accordance with the provisions of section 272.060 within
a reasonable time, the other may petition the associate circuit court of
the county to authorize the petitioner to build or repair the fence in a
manner to be directed by the court. If the court authorizes such action,
the petitioner shall be given a judgment for that portion of the total
cost of the fence which is chargeable as the other party's portion of the
fence, court costs and reasonable attorney's fees. Any such judgment
shall be a lien on the real estate of the party against whom the judgment
may be given. (RSMo 1939 § 14575, A.L. 1945 p. 917, A.L. 2001 H.B. 219
merged with S.B. 462)
Prior revisions: 1929 § 12912; 1919 § 5517; 1909 § 6460
If the person thus assessed or charged with the value of
one-half of any fence, under the provisions of this chapter, shall
neglect or refuse to pay over to the owner of such fence the amount so
awarded, the same may be recovered before an associate circuit judge, or
other court of competent jurisdiction. (RSMo 1939 § 14576)
Prior revisions: 1929 § 12913; 1919 § 5518; 1909 § 6461
If the parties cannot agree as to the part each shall have and
keep in repair, either of them may apply to an associate circuit judge of
the county who shall forthwith summon three disinterested householders of
the township to appear on the premises, giving three days' notice to each
of the parties of the time and place where said viewers shall meet, and
said viewers shall, under oath, designate the portion to be kept in
repair by each of the parties interested, and notify them in writing of
the same. (RSMo 1939 § 14577, A.L. 1945 p. 917)
Prior revisions: 1929 § 12914; 1919 § 5519; 1909 § 6462
(1958) On appeal from judgment in injunction suit to prevent adjoining
landowner from repairing certain portion of division fence, denying
injunctive relief and attempting to designate portion of fence each party
was to maintain, court held that as oral agreement of plaintiff with
defendant's predecessor as to maintenance of division fence was not
binding on defendant, the only method of determining rights was under
this section and disapproved lower court's attempt to designate portions
to be maintained by the parties. McNaughton v. Schaffer (A.), 314 S.W.2d
245.
The persons appointed by the associate circuit judge pursuant to
section 272.040 to discharge the duties therein specified shall receive
twenty-five dollars each per day for the time actually employed, which
shall be taxed as costs in the case against the parties and collected
accordingly. (RSMo 1939 § 14578, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12915; 1919 § 5520; 1909 § 6463
Every person owning a part of a division fence shall keep his or
her portion of the same in good repair according to the requirements of
this chapter, and may enter upon any land lying adjacent thereto for such
purpose. (RSMo 1939 § 14579, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12916; 1919 § 5521; 1909 § 6464
No division fence shall be removed without the consent of all
the owners thereof, unless for the purpose of opening a public road or
highway. (RSMo 1939 § 14580)
Prior revisions: 1929 § 12917; 1919 § 5522; 1909 § 6465
CROSS REFERENCE: Double damage for removal of partition fence without
giving notice, RSMo 537.350
Any person aggrieved by any order or judgment of the associate
circuit judge made or entered pursuant to the provisions of section
272.040 or 272.070 may have the same reviewed in the same manner as other
civil actions. (RSMo 1939 § 14581, A.L. 1978 H.B. 1634, A.L. 2001 H.B.
219 merged with S.B. 462)
Prior revisions: 1929 § 12918; 1919 § 5523; 1909 § 6466
If either of two adjoining landowners does not need a fence, the
landowner that needs a fence may build the entire fence and report the
total cost to the associate circuit judge who shall authorize the cost to
be recorded on each deed. Should the landowner that claimed no need for a
fence subsequently place livestock against the fence, the landowner that
built the fence shall be reimbursed for one-half the construction costs
share to be determined as provided in section 272.060. (L. 2001 H.B. 219
merged with S.B. 462)
Nothing in this chapter shall prevent adjoining landowners from
agreeing that no fence is needed between their property. (L. 2001 H.B.
219 merged with S.B. 462)
Nothing in this chapter shall prevent either of adjoining
landowners from building the landowner or the landowner's neighbor's
portion of a fence in excess of the lawful fence requirements prescribed
by this chapter. (L. 2001 H.B. 219 merged with S.B. 462)
As used in sections 272.210 to 272.370 the following words and
terms have the following meanings:
(1) "Lawful fence", a fence with not less than four boards per four feet
of height; said boards to be spaced no farther apart than twice the width
of the boards used fastened in or to substantial posts not more than
twelve feet apart with one stay, or a fence of four barbed wires
supported by posts not more than fifteen feet apart with one stay or
twelve feet apart with no stays, or any fence which is at least
equivalent to the types of fences described herein;
(2) "Stay", a vertical member attached to each board or wire comprising
the horizontal members of the fence. (L. 1963 p. 401 § 1, A.L. 1965 p.
395)
All fields and enclosures in which livestock are kept or placed
shall be enclosed by a lawful fence. (L. 1963 p. 401 § 2, A.L. 1965 p.
395)
If any horses, cattle or other stock trespass upon the premises
of another, the owner of the animal shall for the first trespass make
reparation to the party injured for the true value of the damages
sustained, to be recovered with costs before an associate circuit judge,
or in any court of competent jurisdiction, and for any subsequent
trespass the party injured may put up the animal or animals and take good
care of them and immediately notify the owner, who shall pay to the
taker-up the amount of the damages sustained, and such compensation as
shall be reasonable for the taking up and keeping of the animals, before
he shall be allowed to remove them, and if the owner and taker-up cannot
agree upon the amount of the damages and compensation either party may
make complaint to an associate circuit judge of the county, setting forth
the fact of the disagreement, and the associate circuit judge shall be
possessed of the cause, and shall issue a summons to the adverse party
and proceed with the cause as in other civil cases. If the owner
recovers, he shall recover his costs and any damages he may have
sustained, and the associate circuit judge shall issue an order requiring
the taker-up to deliver to him the animals. If the taker-up recover, the
judgment shall be a lien upon the animals taken up, and, in addition to a
general judgment and execution, he shall have a special execution against
the animals to pay the judgment rendered and costs. (L. 1963 p. 401 § 3)
If there is a need for a fence by either of two joining
landowners both shall be obligated to build and maintain a fence under
the provisions of sections 272.210 to 272.370. Nothing in sections
272.210 to 272.370 shall prevent joining landowners from agreeing that no
fence is needed between their property. (L. 1965 p. 395)
Whenever the owner of real estate desires to erect or construct
a lawful fence which wholly or partially borders the land of another, he
shall notify the other owner that he desires a division fence. If within
ninety days after receiving the notice, the other landowner has not
erected or constructed one-half of the division fence, the owner desiring
the fence may apply to the associate division of the circuit court for an
order to proceed with the construction and ordering the other landowner
to pay one-half the value of so much thereof, as borders his land, and
upon the payment shall own an undivided one-half of the fence; except
that no owner shall be required to pay more than one-half the value of a
lawful fence of four barbed wires, regardless of the type fence
constructed. The associate division of the circuit court costs shall be
taxed against the other landowner. (L. 1963 p. 401 § 4, A.L. 1965 p. 395)
If the parties interested fail to agree as to the value of
one-half of the fence, the owner of the fence may apply to a circuit or
associate circuit judge of the county, who shall without delay issue an
order to three disinterested householders of the township, not of kin to
either party, reciting the complaint, and requiring them to view the
fence, estimate the value thereof, and make return under oath to the
judge on the day named in the order. (L. 1963 p. 401 § 5)
If the person thus assessed or charged with the value of
one-half of any fence, under the provisions of sections 272.210 to
272.370 shall neglect or refuse to pay over to the owner of the fence the
amount so awarded, the same may be recovered before a court of competent
jurisdiction. (L. 1963 p. 401 § 6)
1. The several owners may, in writing, agree upon the portion of
partition fences between their lands which shall be erected and
maintained by each, which writing shall describe the lands and the parts
of the fences so assigned, be signed and acknowledged by them, and filed
and recorded in the office of the recorder of deeds of the county or
counties in which they are situated. Any such agreement shall bind the
makers, their heirs and assigns.
2. When one owner desires to make a division of the fence between his
land and an adjoining landowner refuses to agree to a division, then the
provisions of section 272.280 may be used to effect a division which
shall be recorded in the office of the recorder of deeds in the county in
which most of the fence is located. (L. 1963 p. 401 § 7)
If the parties cannot agree as to the part each shall have and
keep in repair, either of them may apply to a circuit or associate
circuit judge of the county who shall forthwith summon three
disinterested householders of the township to appear on the premises,
giving three days' notice to each of the parties of the time and place
where said viewers shall meet, and the viewers shall, under oath,
designate the portion to be kept in repair by each of the parties
interested, and notify them in writing of the same. (L. 1963 p. 401 § 8)
Whenever the fence of any owner of real estate now erected or
constructed, or which shall hereafter be erected, constructed or rebuilt,
the same being thereafter a fence designed to restrain swine, sheep or
other animals requiring special fences, borders the land of another or
which becomes a part of the fence bordering the land of another and is
used to enclose such animals owned by the other person, on demand made by
the person owning the fence, the other person shall pay the owner
one-half of the value of so much thereof as borders his land, and upon
the payment shall own an undivided half of the fence; except that no
owner shall be required to pay more than the amount which would have been
required to erect, construct or rebuild a lawful fence of four barbed
wires on his one-half of the fence. (L. 1963 p. 401 § 9, A.L. 1965 p. 395)
The persons appointed by the judge under sections 272.250 and
272.280 to discharge the duties therein specified, shall receive five
dollars each per day for the time actually employed, which, together with
the fees of the judge and sheriff, shall be taxed as costs in the case
against the parties in proportion to their respective interests, and
collected accordingly. (L. 1963 p. 401 § 10)
Every person owning a part of a division fence shall keep the
same in good repair according to the requirements of sections 272.210 to
272.370. Either party owning land adjoining a division fence may, upon
the failure of any of the other parties, have all that part of the
division fence belonging to the other parties repaired, upon the failure
of the other party to do so, the repairing to be at the cost of the party
so failing to repair his part of the fence. (L. 1963 p. 401 § 11)
No division fence shall be removed without the consent of all
the owners thereof, unless for the purpose of opening a public road or
highway or making repairs. (L. 1963 p. 401 § 12)
1. The provisions of sections 272.240 to 272.350 shall apply to
any division fence even though it may stand wholly upon one side of the
division line.
2. The provisions of sections 272.210 to 272.370 shall not apply to
counties which have all or partial open range. (L. 1963 p. 401 § 13)
Any person aggrieved by any order or judgment of the judge made
or entered under the provisions of sections 272.250 and 272.280 may have
the same reviewed by a petition in the circuit court of the county
wherein the proceedings were had, verified by affidavit. A copy of the
petition shall be delivered to the adverse party at least fifteen days
before the commencement of the next term of the court, and the original
filed in the office of the clerk; provided, that the petition may be
filed within thirty days after the order or judgment was made or
rendered, and not afterward. (L. 1963 p. 401 § 14)
The petition shall set forth the grounds of objection, and upon
the filing thereof the circuit court shall be possessed of the cause, and
proceed to hear and determine the objections, and make such order or
judgment as may be right and just in the premises. (L. 1963 p. 401 § 15)
The provisions of sections 272.210 to 272.370 are hereby
suspended in the several counties of this state until a majority of the
legal voters of any county voting on the question at any general or
special election called for that purpose shall decide to enforce the same
in the county. (L. 1963 p. 401 § 16)
The county commission may on its own motion and shall upon the
petition of one hundred real estate owners of ten acres or more of the
county submit to the voters at a general or special election the
proposition for the adoption by the county of the provisions of sections
272.210 to 272.370. The commission shall cause notice of the election to
be published in a newspaper published within the county, or if no
newspaper is published within the county, in a newspaper published in an
adjoining county, for three weeks consecutively, the last insertion of
which shall be at least ten days before the day of the election, and by
posting printed notices thereof at three of the most public places in
each township in the county. If a majority of the voters voting on the
proposition vote in favor of the adoption of the provisions of sections
272.210 to 272.370 the county commission shall issue an order declaring
the adoption. From and after the issuance of the order the provisions of
sections 272.210 to 272.370 shall be in full force and effect in the
county and the provisions of sections 272.010 to 272.140 shall be
suspended in the county. (L. 1963 p. 401 § 17)
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