HCS/HB 50 - This act recodifies Chapter 272, Fences and Enclosures. Property owners are required to give written notice to adjoining landowners prior to building a division fence. Landowners are required to meet within 30 days of notice to construct or repair their portion of the fence, each portion of equal value and to the right of each owner as they face the fence at midpoint from their respective properties. In case of disagreement, either party may petition is an associate circuit judge, who will summon 3 disinterested county residents to inspect the premises and recommend the portion each owner is to repair or construct. The judge will then issue an order allocating the apportioned cost and designating the portion of the fence for each owner.

If emergency repair or maintenance of a division fence is necessary, either owner may make the repairs in a cost effective manner. If the adjoining owner refuses compensation, either party may apply to the associate circuit court judge as outlined above.

All agreements or rulings will be recorded with the Recorder of Deeds, and will bind the parties and heirs and assigns. Existing agreements inconsistent with an equal linear division in the right-hand procedure must be in writing, recorded with the Recorder of Deeds, and will be binding.

If either party fails to construct or repair his portion of the fence within a reasonable period of time, not to exceed 120 days of notice, the other may petition to build or repair the fence as directed by the court. Upon such authorization, the petitioner shall receive a judgment for that portion of the costs and legal fees, which will be a lien on the real estate of the other party.

A lawful fence must be at least 4 feet high and composed of at least 4 strands of barbed wire with posts not to exceed 12 feet apart or not to exceed 16 feet apart with a stay, or any fence equivalent to these specifications. Fences may be built in excess of lawful fence requirements. Claims of livestock trespass shall be heard by an associate circuit court judge, or may be filed in a civil action. Owners may enter upon the adjacent land in order to make fence repairs. No division fence may be removed without the consent of all owners, except for the purpose of opening a new road or highway or for making repairs.

Lands which are participating in the forest stewardship program and the forest crop land program are exempted, as are certified tree farmers in the American Tree Farm System. If a person loses the exemption and the adjoining owner has constructed a division fence within 5 years of the loss of exemption, the person is liable for one-half the cost of the fence. If the fence was constructed more than 5 years prior to the loss of exemption, the person is to assume his responsibility for maintenance and repair.

This act does not preempt any city or county ordinance in the City of St. Louis or St. Louis County, or any ordinance of any municipality.
DENISE GARNIER