Gavin Howe
Missouri has two fence laws: the general fence law and the local option fence law. The general fence law is the default law for Missouri and applies everywhere in the state except in counties where the county commission has specifically adopted the local option. Missouri law also addresses special situations of property bordering a road, a railroad, or a body of water. In the case of a dispute with a neighbor over a fence, it is important to understand which law applies in your county. While the general law places responsibility for the construction and maintenance on the neighbor who needs the fence, the local option law may force you to pay for a fence your neighbor builds, even if you don't need or want one.
| Characteristics | Values |
|---|---|
| Number of fence laws | Two (General fence law and Local option fence law) |
| Applicability of general fence law | Applicable everywhere in the state except in counties that have adopted the "local option" |
| Applicability of local option fence law | Applicable in counties that have specifically adopted it |
| Responsibility for fence construction and maintenance under general law | Neighbor who "needs" the fence or has livestock |
| Responsibility for fence construction and maintenance under local option law | Neighbor without livestock may be forced to pay for the cost of the fence |
| Landowner liability under general law | Payment of actual damages caused by trespassing livestock |
| Landowner liability under local option law | Payment of double damages in most cases |
| Legal right under local option law if livestock escape through your portion of the fence | None |
| Boundary fence | Fence located on or near a property line; can be a natural boundary like a hedge |
| Water gaps | Not specifically addressed by law; landowner with the water gap on their portion of the fence is responsible |
| Distraint of animals | Allowed only in non-boundary situations; requires you to care for the animal |
| Law enforcement involvement | Generally not involved in personal disputes but can help if specific statutes or laws are violated |
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What You'll Learn
Missouri's two fence laws
Missouri has two fence laws: the general fence law and the local option fence law. The general fence law is the default law for Missouri and applies everywhere in the state except in counties where the county commission has specifically adopted the "local option". The general fence law states that a landowner without livestock is not required to share the costs of building or maintaining a fence on a common property line with a landowner who does have livestock. However, if both adjoining property owners have livestock, each landowner is responsible for maintaining the right half of the fence as viewed from their property.
The local option fence law increases livestock owners' rights and is patterned after laws in Iowa and other Midwestern states. Counties that have opted out of the general law are generally strong livestock counties. Under this law, if a landowner builds a fence on a common property line with a landowner who does not have livestock, they can report the total cost of the fence to the circuit judge, who will authorize this cost to be recorded on the neighbour's deed. If the neighbour later gets livestock, the landowner who built the fence can get reimbursed for half the cost.
Neighbours adopting a special fence agreement must record the type of division fence to build, who will build and maintain which portions, and any other negotiated details in writing. All involved parties must sign the agreement and take it to the county recorder's office so it can be recorded against the land title. Verbal agreements violate the statute of frauds, which requires that agreements dealing with land be in writing to be enforceable in court.
In addition to the two fence laws, Missouri law also addresses special situations of property bordering a road, a railroad, or a body of water. It's important for landowners to understand fence and boundary law to avoid conflict with neighbours and legal issues. Fencing duties and boundary locations can cause arguments, and it is recommended to consult with an attorney when a dispute arises or seems likely to arise.
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General fence law
Missouri's fence law has a long history, with the state's first fence law passed in 1808. This law required farmers to fence their neighbours' livestock out if they wanted to protect their crops and homesteads. Over the next two centuries, Missouri's fence law evolved, and multiple revisions were made, eventually requiring livestock owners to fence their animals in.
The general fence law is the default law for Missouri and applies everywhere in the state, except in counties where the county commission has specifically adopted the "local option". Under the general fence law, a landowner without livestock is not required to share the costs of building or maintaining a fence on a common property line with a landowner who does have livestock. However, if both adjoining property owners have livestock, each landowner is responsible for maintaining the right half of the fence as viewed from their property. If a landowner builds a fence on a common property line with a landowner who does not have livestock, they can report the total cost of the fence to the circuit judge, who will authorise this cost to be recorded on the neighbour's deed. If the neighbour later gets livestock, the landowner who built the fence can get reimbursed for half of the cost.
Missouri's general fence law encourages cooperation and communication between neighbours. It is important for landowners to understand fence and boundary law to avoid conflict with neighbours and legal issues. Fencing duties and boundary locations can often cause arguments, and consulting an attorney with an agricultural background is recommended when disputes arise or seem likely to arise.
Neighbours can adopt a special fence agreement, which must be recorded in writing and signed by all involved parties. This agreement should include the type of division fence to be built, who will build and maintain which portions, and any other negotiated details. This written agreement must be taken to the county recorder's office to be recorded against the land title. Verbal agreements are not enforceable in court.
It is worth noting that Missouri's fence laws do not eliminate all potential liability for escaped animals, and ranchers must exercise diligence in maintaining fences and controlling their animals. Regularly checking fences is a simple but effective step towards preventing problems.
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Local option fence law
Missouri has two fence laws: the general fence law and the local option fence law. The general fence law is the default law for Missouri and applies everywhere in the state except in those counties where the county commission has specifically adopted the "local option".
The local option fence law, patterned after laws in Iowa and other Midwestern states, increases livestock owners' rights. Counties that have opted out of the general law are generally strong livestock counties. The local option fence law, which is the law in sections 272.210 to 272.370, gives your neighbor the right to force you to pay for the cost of their fence, even if you do not need or want one. It also means that if livestock get out through your portion of the fence, you have no legal right to collect damages of any kind.
The local option fence law also has different provisions for lawful fences. A lawful fence has four barbed wires supported by posts no more than 12 feet apart, or 15 feet apart with one stay. Each neighbor is responsible for building and maintaining their half. Disputes are taken to the associate circuit court, which appoints three fence viewers to report back. Neighbors can make a fencing agreement that differs from these provisions, but it must be in writing, signed, and recorded properly.
As of September 2022, the following counties are thought to have adopted the local option fence law: Bates, Cedar, Clinton, Daviess, Gentry, Grundy, Harrison, Knox, Linn, Macon, Mercer, Newton, Putnam, Schuyler, Scotland, Shelby, St. Clair, Sullivan, and Worth.
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Landowner liability
Missouri has two distinct sets of fence laws: the general fence law and the local option fence law. The general fence law is the default law for Missouri and applies everywhere in the state except in those counties where the county commission has specifically adopted the "local option".
Missouri's fence law has a long and complicated history. The state's first fence law, passed in 1808, required farmers to fence their neighbours' livestock out if they wanted to protect their own crops and homesteads. Over the next two centuries, Missouri's fence law changed multiple times and evolved to require livestock owners to fence their animals in.
The general fence law states that a landowner without livestock is not required to share the costs of building or maintaining a fence on a common property line with a landowner who does have livestock. However, if both adjoining property owners have livestock, each landowner is responsible for maintaining the right-hand half of the fence as viewed from their own property.
If a landowner builds a fence on a common property line with a landowner who does not have livestock, they can report the total cost of the fence to the circuit judge, who will authorise this cost to be recorded on the neighbour's deed. If the neighbour later gets livestock, the landowner who built the fence can get reimbursed for half the cost.
The local option fence law requires landowners to maintain half of any interior fence, regardless of whether they have livestock or not. The law does not specify which portion of the fence each landowner must maintain, but the right-hand rule is the local custom throughout most of Missouri.
In 2016, the General Assembly amended Missouri's fence law to ease the standard of liability imposed on livestock owners for damages caused by escaped animals. Before this change, livestock owners were strictly liable for any injuries caused by animals that crossed interior division fences, regardless of the circumstances under which the animal escaped. After the 2016 amendment, an injured party must show that a livestock owner was negligent in maintaining control over their animal before they may recover for an injury caused by the animal.
Liability for damages done by livestock is assessed depending on the type of fence the animals crossed. When animals cross one or more exterior fences (or unfenced exterior boundaries) before entering a neighbour's farm, the animal owner is probably liable for all damages, and the livestock can be seized.
Landowners who fail to maintain their section of the division fence and allow a neighbour's livestock to trespass are liable for double damages for any damage caused to the trespassing livestock. This statute encourages landowners to maintain their portion of the division fence. It also incurs financial costs to landowners if they injure trespassing livestock due to their failure to properly maintain their portion of the division fence.
Reducing Liability
- Check your fences regularly.
- Communicate with your neighbours and make sure you are on good terms with them. Ensure they know you have animals and give them your contact information so they can let you know if any escape.
- If you decide on an agreement for repair and maintenance of fences that is different from the general fence law (or local option law, depending on your county), get this agreement in writing and record it in the county where the real estate is located. Consult an attorney to be sure the agreement is properly drafted and enforceable.
- Get to know your local law enforcement officers. The local sheriff’s department often gets the first call when an animal escapes, so having a relationship in place can help smooth the process and ensure you are notified quickly.
- Carry adequate liability insurance. There are no guarantees when it comes to animal behaviour, and even if you are diligent, there may be escapes and accidents.
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Boundary fences
Missouri has two distinct sets of fence laws: the general fence law and the local option fence law. The general fence law is the default law for Missouri and applies everywhere in the state except in those counties where the county commission has specifically adopted the "local option". As of 2017, the following counties were following the local option set of laws: Schuyler, Scotland, Shelby, St. Clair, Sullivan, and Worth.
General Fence Law
Under the general fence law, a landowner without livestock is not required to share the costs of building or maintaining a fence on a common property line with a landowner who does have livestock. However, if both adjoining property owners have livestock, each landowner is responsible for maintaining the right-hand side of the fence when viewed from their own property. If a landowner builds a fence on a common property line with a landowner who does not have livestock, they can report the total cost of the fence to the circuit judge, who will authorize this cost to be recorded on the neighbour's deed. If the neighbour later has livestock against that fence, the landowner who built the fence can get reimbursed for half of the cost.
Local Option Fence Law
Under the local option fence law, when one landowner requires a boundary fence, both landowners are legally responsible for their portion of the fence. The law does not specify which portion of the fence is each landowner's responsibility, but it is recommended that neighbours make their own agreements regarding fencing and get them properly recorded in writing.
Missouri's fencing laws are primarily concerned with the responsibilities of landowners regarding the fencing of livestock. However, boundary fences are also addressed in the state's laws.
In general law counties, if a landowner builds a fence on a common property line and their neighbour later puts livestock against that fence, the landowner who built the fence can seek reimbursement for half of the recorded costs. This provision is intended for cases where livestock ownership is a factor, as it is not relevant in local option counties.
In both general and local option counties, neighbours are free to make fencing agreements that differ from the statutory provisions. However, these agreements must be in writing, signed by all parties, and properly recorded. If neighbours cannot agree on who is responsible for building and maintaining a boundary fence, they can apply the "right-hand rule". This means that each neighbour stands on their land, facing the common boundary and meeting at the midpoint, and is responsible for the half of the fence on their right-hand side.
It is important to note that Missouri's fence laws only apply in unincorporated areas. Additionally, cities or subdivisions within each of Missouri's counties may have their own fence ordinances and building codes, so it is essential to review these rules in the event of a dispute.
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Frequently asked questions
No, your neighbor cannot take down your fence. However, they can force you to pay for the cost of their fence, even if you don't need or want one, depending on the county you live in.
Missouri has two fence laws: the general fence law and the local option fence law. The general fence law is the default law and applies everywhere in the state except in counties where the county commission has specifically adopted the "local option."
The general fence law states that a landowner without livestock is not required to share the costs of building or maintaining a fence on a common property line with a landowner who does have livestock. If both landowners have livestock, each is responsible for maintaining their right half of the fence.
The local option fence law allows your neighbor to force you to pay for the cost of their fence, even if you don't need or want one. This law is specific to certain counties in Missouri.
