HCS/HB 922 - This act recodifies statutes relating to lawful fences found in Chapter 272, RSMo, but does not preempt any county or municipal ordinance on the subject. The act is effective January 1, 1999.

Lawful fences must be at least four feet high, contain at least four strands of barbed wire and supported by posts every twelve feet. "Stay" style fences may be supported by posts sixteen feet apart. Manufactured fences that exceed these requirements or two-strand electrified fences will also be deemed lawful.

Property owners desiring to construct a lawful fence are required to provide written notice to the adjoining landowner and, within 30 days, to meet to determine responsibility of the parties for costs and maintenance. In general, each party is responsible for the half of the fence to the right of that party as each faces the midpoint of the fence from their respective property.

If the landowners are unable to agree, either may apply for an order by an Associate Circuit Judge to resolve the dispute. The Judge will summon 3 disinterested residents to view the premises and recommend which portion of the fence each landowner is required to repair or construct. This procedure can also be used to recover contribution of reasonable expenses incurred to repair or maintain a lawful fence. All rulings of the Associate Circuit Judge are recorded in the office of the Recorder of Deeds and bind subsequent heirs or assigns. Judgments by the Court for costs or fees are considered liens upon the real estate of the losing party.

Parties may enter into agreements for nonconforming fences provided the agreement is in writing, recorded by the Recorder of Deeds, and binds the makers, their heirs, and assigns. However, no fence that divides property owned multiple owners may be removed without the consent of all parties.

Trespassing livestock that break a lawful fence subject the owner of the livestock to damages suffered by the property owner. Subsequent trespasses allow the property owner to keep the trespassing animals until such time as the owner is compensated for lawful damages and costs associated with caring for the livestock.
DENISE GARNIER