Missouri Statewide Rule
Missouri Division Fence Law Under RSMo Chapter 272
Key Facts
- Statute
- RSMo Chapter 272
- Lawful fence height
- At least 4 feet
- Right-hand rule
- Each owns right side
- Notice
- Written before building
- County opt-out
- Local option allowed
Summary
Missouri Chapter 272 governs partition fences between adjoining landowners statewide. It defines lawful fences, allocates each owner's portion of the division fence, and provides court remedies when neighbors cannot agree on construction or repair responsibilities.
272.060. Division fences — rights of parties in, how determined. — 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.
Full Breakdown
RSMo Chapter 272 sets the statewide framework for boundary and partition fences. Under RSMo 272.020, a lawful fence is at least four feet high consisting of posts and wire or boards. Owners desiring construction or repair must give written notice to the adjoining landowner. Each neighbor maintains the half of the division fence on their right when facing the fence line from the center of their common property line. Counties may opt out of general fence law by referendum and adopt local-option rules under RSMo 272.030. RSMo 272.290 lets owners of special-purpose fences (for swine, sheep) demand half the cost from neighbors who later benefit. Disputes are resolved by the associate circuit court.
Violations & Penalties
Neighbors who refuse to maintain their assigned portion may be sued in associate circuit court. Damages from livestock straying through neglected division fences are recoverable.
Frequently Asked Questions
Who pays for a boundary fence between Missouri neighbors?
What qualifies as a lawful fence in Missouri?
Can my Missouri county have different fence rules?
Sources
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