Missouri Fencing Law FAQ’s

 Prepared by Stephen F. Matthews, professor of agricultural law, University of Missouri

1. Does Missouri law require that livestock be fenced in by the livestock owner, or must landowners fence-out their neighbors’ livestock?
1. Missouri is a “closed-range” state, meaning that livestock owners must restrain their livestock from running at large.  This means that landowners without livestock do not have to put up fences along public roads or other public property like parks and airports (known as “exterior” fences).
2. What if my livestock pass through a division fence, am I responsible for damages they cause to my neighbor’s crops or livestock?
1. Missouri does not require crop farmers to fence out stray livestock. 
2. Whether you are liable for damages caused by your livestock depends upon whose portion of the division fence they crossed, and whether it was in need of repair.

                                                              i.      If your livestock crossed your portion of a division fence, and it was in need of repair, then you will be liable for any damages caused to your neighbor’s crops and/or livestock.

                                                            ii.      But the division fence portion was not in need of repair, yet still the livestock got out (this is for the jury to decide), you probably won’t be liable for damages as presumably a “force majeure” (act of God) caused your livestock to escape through a lawful fence.  Examples might be a storm which spooked the livestock, or wild dogs chasing them.

                                                          iii.      If your livestock crossed your neighbor’s portion of a division fence and it was in need of repair, then you would not be liable for his crops and/or livestock damages.  Indeed, if your escaped livestock are injured, you can recover for their injuries from your neighbor.

3. Can I “distrain” (restrain in a correl) my neighbor’s trespassing livestock and keep them until he pays for any damages plus the reasonable upkeep for the distrainment?
1. Not on their first trespass, but “yes” on their second and subsequent trespass.  You should immediately notify the livestock owner (preferably in writing).   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. (272.030 and 272.230)
4. What if my livestock pass through a division fence, am I responsible for damages and injuries they cause not to my adjoining neighbor but to landowners further away, or even to vehicles on public highways?
1. Certainly you will want to promptly get in touch with your attorney should your livestock escape out onto the highway and get involved in a car accident.  Your attorney will need to gather quickly relevant evidence as to the car driver’s possible negligence or other contributing factors such as other animals on the highway or other vehicles which may have been a factor in the accident.
2. You should be in a position of relative safety as to liability if your livestock escaped through no fault of your own, meaning you maintain good lawful fences (your portions) and you had no reason to suspect your livestock were likely to get out.  If an “act of God” caused your livestock to escape through or over an otherwise good fence (this is for the jury to decide), you won’t likely be liable. 
3. Contact your insurance agent promptly, too, as your policy probably requires you to immediately notify the insurance company when a potential claim event occurs.
4. You may be able to recover for injuries to your livestock (or for their death), including veterinary expenses, if the car driver was primarily at fault for the collision with your livestock.
5. What if I don’t have livestock but my neighbor’s livestock got out onto the highway by crossing a portion of a division fence I was to maintain?  Would I be liable for injuries to the livestock, and for injuries and damages if a car were to collide with the livestock on the highway?
1. Definitely get your attorney and insurance agent involved by immediately informing them of the accident.
2. There is a real possibility that your failure to maintain  your portion of the division fence was a contributing factor (if not sole factor) in causing the car collision with the stray livestock, and you could be held liable for some or even all the injuries and/or damages.

                                                              i.      This makes it very important that you maintain any portion of a division fence you have agreed to maintain by agreement, or by operation of the Missouri fencing statute.

6. Do landowners have any legal duty to build fences along the boundary line with a neighbor’s land (known as “division” fences)?
1. In Missouri counties which have not opted by public election to become “optional fencing law” counties, landowners who do not run livestock up against a divisional fence have no duty to contribute towards the construction and/or to maintain half of a division fence.  (Chapter 272.132, new in 2001)

                                                              i.      But if a landowner is these general fencing law counties later runs livestock up against a division fence built and paid for by his neighbor, then that landowner is required to reimburse that neighbor for half the fence construction costs, as well as to maintain the “right-hand” half. 

                                                            ii.      In order for the division fence building neighbor to obtain reimbursement for half the costs, he must report those costs in writing to the circuit court judge for the county where the land is located.  The judge then authorizes the recording of these fence-building costs against the title of the neighbor’s land. 

2. In Missouri counties which have opted by public election to become “optional fencing law” counties, neighboring landowners must build half and maintain half, whether or not they have livestock up against the division fence.  But in these optional fencing law counties, a “lawful fence” for required-contribution purposes is one consisting of four strands of barbed wire with posts not farther than twelve feet apart, or fifteen feet apart with one stay.  (Chapter 272.240)

7. In general-fencing-law counties (the majority of Missouri counties), a landowner has no duty to maintain a division fence unless he owns part of it.  (272.132)

                                                              i.      If you own part of it, then you are required to maintain the “right-hand” half.  This is defined as that half to the right of the midpoint of the common division fence as each neighbor stands on his land looking at the fence. (272.260)

                                                            ii.      If the neighbors cannot reach an agreement, then either neighbor can apply to the associate circuit court judge of that county.  The judge will appoint three disinterested landowners, who will make a “fence-viewers” report, which will designate which fence portion each neighbor is to build and to maintain. (272.260)

2. In optional-fence-law counties, each neighbor is said to own half and required to maintain half.  But the statutes leave it up to the neighbors to agree which part is whose to build and to repair.  (272.240)

                                                              i.      If the neighbors cannot reach an agreement, then either neighbor can apply to the associate or circuit court judge of that county.  The judge will appoint three disinterested landowners, who will make a “fence-viewers” report, which will designate which fence portion each neighbor is to build and to maintain. (272.250)

8. Which Missouri counties have this “optional fencing law?”
1. Eighteen counties have optional fencing law, according to our survey of county court clerks completed in March, 2007:  Bates, Clinton , Daviess, Gentry, Grundy, Harrison , Knox, Linn, Macon , Mercer, Newton , Putnam, Schuyler , Scotland , Shelby , Sullivan, St. Clair, and Worth. (See map at end of publication)
2. You should check with your county court clerk to see for sure, as there may have been a fencing law issue on a recent election in your county.
9. What is the process to get a county under the “optional fencing law?”
1. The county commission can put it on the ballot at a general or special election.  Alternatively, one hundred landowners of ten acres or more of the county can sign a petition and present it to the county commission, who then will put it on an election ballot.  If a majority of those who vote in the election approve it, then the county becomes an optional fencing county.
10. What is the process to remove a county from the “optional fencing law?”
1. The same as for voting it in:  either the county commission on its own or a petition by one hundred landowners of ten acres or more to the county commission, who then puts it on the next election ballot.  If a majority approves it, then the county returns to the general fencing law provisions.  (Chapter 272.136)
11. What constitutes a “lawful fence?”
1. General fencing law counties:  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.  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.  (272.020)
2. Optional fencing law counties:  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.  (272.210)
12. Do I have to help pay for and to maintain a neighboring farmer’s division fence if I am a non-farmer whose house lot adjoins farm property?  I live in a subdivision and do not want to be responsible for the fence separating my lot from the farmland.
1. No, if you live in a general-fence-law county (Chapter 272.132) (96 Missouri counties);
2. Yes, if you live in an optional-fence-law county (Chapter 272.235) (18 Missouri counties).  (See map at end of publication)
3. Neighbors in either general or optional counties can agree in writing as to division fence construction cost sharing and fence maintenance sharing other than is stated in the fencing statute.  This means that one party can agree to be wholly responsible for the fence construction and/or maintenance.  Just get it in writing, signed by both landowners, and recorded against both land titles. Any such agreement will be legally binding on the makers, their heirs, and their assigns.   (272.060.2 and 272.270.1)
13. Do tenants (renters) have any legal duty to build and to maintain divisional fences?  Or is the landlord responsible for division fences?
1. Yes, the tenants’ fence duties are the same as if they were the landowner, unless the landlord in the lease agreement has agreed to maintain some or all the divisional fences.  A lease is said to completely substitute the tenant for the landowner, unless in the lease the landlord has kept the responsibility of maintaining fences.
14. Can one landowner remove an existing division fence without his neighbor’s consent or involvement?
1. No, in either a general or an optional fence law county.(272.120 and 272.320).
2. Division fences which have been there for more than ten years may become the boundary line even if off the surveyed boundary, under what is known as the “doctrine of adverse possession” or “squatters’ rights.” 
3. Always give written notice to your neighbor when you want to remove an existing boundary fence.  Better to know up front if the neighbor has any objections, and to get his approval before proceeding.
15. My neighbor just can’t get around  to maintaining his portion of our division fence.  Can I repair it and send him the bill?  I just don’t want my livestock getting out and causing damages or getting injured.  Nor do I want his livestock over in my crops or among my livestock.
1. In general fencing law counties, you will first have to give written notice to your neighbor to maintain his portion.  After a “reasonable time” (no specific number of days given in the statute), you then must go to the associate circuit court and petition it to allow you to build or to repair the fence in a manner the court will direct.  (272.060 and 272.070)

                                                              i.      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.

                                                            ii.      Any such judgment shall be a lien on the real estate of the party against whom the judgment may be given.

2. In optional fencing law counties, you can take more direct action (272.310):  “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.”
   

16.  My neighbor and I have a verbal fencing agreement, and it has worked fine for several years.  Now he wants to change our agreement.  Isn’t he legally obligated to our verbal agreement?

1. No.  Verbal agreements involving land are not valid (other than land lease agreements for one year, known as “periodic year-to-year” leases).  There is a “statute of frauds” which requires agreements involving land and those for more than one year to be in writing in order to be enforcable in court.
2. All fencing agreements should be written, signed by the parties, and recorded against each party’s land title in th county recorder’s office.
3. Written fencing agreements may be for a fixed terms (e.g., for 5 years), or in perpetuity (forever).  If in perpetuity and property recorded, it will be binding on all future owners (heirs, buyers, donees).

1. Yes.  What is required is that all owners of both land parcels agree to a substitute fencing agreement, sign it, and get it property recorded against both land titles.  You are substituting one contract for another one, which simply requires the complete agreement of the original parties (or their successors).

1. Missouri state statutes do not require dogs be kept on a leash or even on their owner’s (or keeper’s) premises.  But many (most?) cities have city ordinances restricting dog owners/keepers to keep their pets on leashes and from roaming off their owner’s premises.  Counties have this power to enact county-wide ordinances requiring dogs be kept on leashes and on their owner’s premises, but not many counties have yet such regulations.

1. Alleged crimes are for the law enforcement officers and local prosecuting attorney to enforce.  There are legal protections for the property rights of owners of stray animals.  Notify the neighboring owner of the trespassing dog and see if you can get his cooperation.  If not, contact the sheriff’s office and place a complaint of “animal neglect or abuse.”  (578.005-.023, enacted in 1983)

1. Missouri has a statute (273.020-.030) which authorizes you to kill the trespassing dog if it is killing, wounding, maiming, or chasing “sheep or other domestic animals.”  But this doesn’t authorize you to kill a trespassing dog which is bothering your dogs or cats (only livestock such as sheep, hogs, cattle, horses, goats, and poultry).

                                                              i.      Another remedy provided by this statute is to notify the dogowner to kill his dog, and you can collect $1 per day of delay in killing the dog.

                                                            ii.      Caution:  Don’t shoot firearms on public roads.  Nor does this statute authorize you to kill the neighbor’s dog while it is on its owner’s property.

21. If my livestock are strays out on the highway and are involved in an accident with a motor vehicle, am I liable?
1. Not necessarily.  Definitely call your attorney and liability insurance agent immediately. 
2. While it is true in Missouri that livestock owners (or keepers) are required to keep their livestock restrained and off the highway, this does not mean automatic liability for the livestock owner/keeper. 
3. First, there must be a determination made whose livestock they were.  If they are yours, then you will be presumed to be negligent unless you can prove either the livestock got out through no fault of your own or that the car driver’s negligence was the sole or primary cause of the accident.  If you have kept good fences and do not have a reputation for allowing your livestock to get out, you probably won’t be held liable. 
4. In today’s comparative negligence environment, even if the jury might decide you to be somewhat negligence (e.g., 20% negligent), that same jury might find the other party to be the “most negligent.”  E.g., the car driver, or his passenger, or even your neighbor if he failed to maintain in good repair his portion of the division fence where the livestock got out.
22. Can I legally force my neighbor to pay for half the cost of a special fence (one more expensive than those described as “lawful fences”)?
1. No.  But the definition of “lawful fence” varies between the general and the optional fence law counties.

                                                              i.      In general fence law counties, a “lawful fence” is one which will restrain horses, cattle, and other similar livestock.  So you can force the neighbor to pay for half the cost of a sturdier fence to restrain horses, even though he would prefer a less expensive fence suitable to restrain his cattle or sheep.  (272.020)

                                                            ii.      In option fence law counties, a “lawful fence” for forced contribution purposes is one with four strands of barbed wire with post twelve feet apart or fifteen feet apart if with one stay.  Any fence more expensive than this (such as one with boards or woven wire) would have to be paid for by the neighbor desiring such a fence, not the reluctant one satisfied with the four strands of barbed wire.  (272.290)

 Want to take a closer look at the Missouri statute on "Fencing Laws?"  Go to this link, to Chapter 272: Fences and Enclosures

Sections:

 Here are the counties in Missouri which have "opted into" the Optional County Fence Law by a majority vote at a local county-wide election:

These 18 Missouri counties are thought to have adopted the Optional County Fencing Statute:  Bates, Clinton, Daviess, Gentry (April 8, 2003; by a vote of 809 to 366),  Grundy, Harrison, Knox, Linn, Macon, Mercer, Newton, Putnam, Schuyler, Scotland, Shelby, Sullivan, Saint Clair, and Worth (August, 2002).

If you have corrections or additions to make to this listing, please email me at smatthews@missouri.edu.