Title XVII — AGRICULTURE AND ANIMALS

272.010. Field to be enclosed by fence. — All fields and enclosures where animals are kept shall be enclosed by a lawful fence as defined in section 272.020. ­­-------- (RSMo 1939 § 14569, A.L. 2001 H.B. 219 merged with S.B. 462) Prior revisions: 1929 § 12906; 1919 § 5511; 1909 §…

272.020. Fencing requirements. — 1. 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. 2. All posts shall be set firmly in t…

*272.030. Owners of stock liable for damages, when. — If any horses, cattle or other stock shall break over or through any lawful fence, as defined in section 272.020, and by so doing obtain access to, or do trespass upon, the premises of another, the owner of such animal shall b…

272.040. Judge may appoint viewers to view fence — compensation of appointees. — Upon complaint of either party claiming to be injured because of the trespass or taking up of livestock as described in section 272.030, the associate circuit judge shall, without delay, issue an ord…

272.050. Persons injuring animals liable for damages, when. — If any person who does not maintain a sufficient fence shall hurt, wound, lame, kill or destroy, or cause the same to be done by shooting, worrying with dogs, or otherwise, any of the animals in this chapter mentioned,…

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 i…

272.070. Duty of judge if owners disagree — apportionment of costs. — If either party fails to construct or repair his or her portion of the fence in accordance with the provisions of section 272.060 within a reasonable time, the other may petition the associate circuit court of …

272.080. Value of fence may be recovered, when. — If the person thus assessed or charged with the value of one-half of any fence, under the provisions of this chapter, shall neglect or refuse to pay over to the owner of such fence the amount so awarded, the same may be recovered …

272.090. Fence to be divided for purpose of repair. — If the parties cannot agree as to the part each shall have and 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 to…

272.100. Duties of persons appointed — their fees. — The persons appointed by the associate circuit judge pursuant to section 272.040 to discharge the duties therein specified shall receive twenty-five dollars each per day for the time actually employed, which shall be taxed as c…

272.110. Division fences to be kept in repair. — Every person owning a part of a division fence shall keep his or her portion of the same in good repair according to the requirements of this chapter, and may enter upon any land lying adjacent thereto for such purpose. ­­-------- …

272.120. Division fences not to be removed without consent of owners. — No division fence shall be removed without the consent of all the owners thereof, unless for the purpose of opening a public road or highway. ­­-------- (RSMo 1939 § 14580) Prior revisions: 1929 § 12917; 1919…

272.130. Judgment of associate circuit judge reviewed in same manner as other civil actions. — Any person aggrieved by any order or judgment of the associate circuit judge made or entered pursuant to the provisions of section 272.040 or 272.070 may have the same reviewed in the s…

272.132. Total cost of fence attributable to one landowner, when. — If either of two adjoining landowners does not need a fence, the landowner that needs a fence may build the entire fence and report the total cost to the associate circuit judge who shall authorize the cost to be…

272.134. Agreement for no fence permitted. — Nothing in this chapter shall prevent adjoining landowners from agreeing that no fence is needed between their property. ­­-------- (L. 2001 H.B. 219 merged with S.B. 462)

272.136. Landowner may exceed lawful fence requirements. — Nothing in this chapter shall prevent either of adjoining landowners from building the landowner or the landowner's neighbor's portion of a fence in excess of the lawful fence requirements prescribed by this chapter. ­­--…

272.210. Definitions. — As used in sections 272.210 to 272.370 the following words and terms have the following meanings: (1) "Lawful fence", 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 boar…

272.220. Fields enclosed, how. — All fields and enclosures in which livestock are kept or placed shall be enclosed by a lawful fence. ­­-------- (L. 1963 p. 401 § 2, A.L. 1965 p. 395)

272.235. Adjoining landowners obligated to build fence — when — exceptions. — If there is a need for a fence by either of two joining landowners both shall be obligated to build and maintain a fence under the provisions of sections 272.210 to 272.370. Nothing in sections 272.210 …

272.240. Partition fences — owner may demand payment, when. — Whenever the owner of real estate desires to erect or construct a lawful fence which wholly or partially borders the land of another, he shall notify the other owner that he desires a division fence. If within ninety d…

272.250. Duty of judge if parties disagree on value — fence viewers to estimate. — If the parties interested fail to agree as to the value of one-half of the fence, the owner of the fence may apply to a circuit or associate circuit judge of the county, who shall without delay iss…

272.260. Value of fence may be recovered, when. — If the person thus assessed or charged with the value of one-half of any fence, under the provisions of sections 272.210 to 272.370 shall neglect or refuse to pay over to the owner of the fence the amount so awarded, the same may …

272.270. Fence owners may agree on maintenance — agreement recorded — refusal to agree, procedure. — 1. The several owners may, in writing, agree upon the portion of partition fences between their lands which shall be erected and maintained by each, which writing shall describe t…

272.280. Duties of judge if parties disagree on repairs — fence viewers to designate. — If the parties cannot agree as to the part each shall have and keep in repair, either of them may apply to a circuit or associate circuit judge of the county who shall forthwith summon three d…

272.290. Special partition fences — owner may demand payment, when. — Whenever the fence of any owner of real estate now erected or constructed, or which shall hereafter be erected, constructed or rebuilt, the same being thereafter a fence designed to restrain swine, sheep or oth…

272.300. Fees of fence viewers, judge and sheriff — taxed as costs. — The persons appointed by the judge under sections 272.250 and 272.280 to discharge the duties therein specified, shall receive five dollars each per day for the time actually employed, which, together with the …

272.310. Owners to repair division fence — remedy for failure. — Every person owning a part of a division fence shall keep the same in good repair according to the requirements of sections 272.210 to 272.370. Either party owning land adjoining a division fence may, upon the failu…

272.320. Division fence not to be removed — exceptions. — No division fence shall be removed without the consent of all the owners thereof, unless for the purpose of opening a public road or highway or making repairs. ­­-------- (L. 1963 p. 401 § 12)

272.330. Application of law. — 1. The provisions of sections 272.240 to 272.350 shall apply to any division fence even though it may stand wholly upon one side of the division line. 2. The provisions of sections 272.210 to 272.370 shall not apply to counties which have all or par…

272.340. Judgment of judge may be reviewed in circuit court. — Any person aggrieved by any order or judgment of the judge made or entered under the provisions of sections 272.250 and 272.280 may have the same reviewed by a petition in the circuit court of the county wherein the p…

272.350. Petition for review shall state what. — The petition shall set forth the grounds of objection, and upon the filing thereof the circuit court shall be possessed of the cause, and proceed to hear and determine the objections, and make such order or judgment as may be right…

272.360. Provisions of law effective after election. — The provisions of sections 272.210 to 272.370 are hereby suspended in the several counties of this state until a majority of the legal voters of any county voting on the question at any general or special election called for …

272.370. Petition for election — notice — order of adoption. — The county commission may on its own motion and shall upon the petition of one hundred real estate owners of ten acres or more of the county submit to the voters at a general or special election the proposition for th…