Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.
The Missouri Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half, commonly known as the Missouri Partition Fence Act, is a legal agreement made between neighboring landowners in Missouri to evenly share the responsibility of building and maintaining a fence that separates their properties. This agreement is specifically governed by the Missouri Revised Statutes Section 272.340 to 272.370. The primary purpose of this agreement is to establish the obligations and rights of adjoining landowners in regard to the construction, repair, and maintenance of the partition fence that runs along the shared property line. The key aspect of this agreement is that both parties involved agree to equally contribute both financially and physically to the construction or repair of the fence. Once the agreement is made, the landowners must follow a set of specific guidelines outlined by the Missouri laws. This includes initiating a written agreement between themselves, which clearly defines the location, materials, and dimensions of the fence, as well as the agreement to share the costs equally. It is important to note that if both parties mutually agree on a different arrangement, they may deviate from the standard requirements set by the Missouri Partition Fence Act. The Missouri Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half can have several variations or specific types. Some of these may include: 1. Permanent Fence Agreement: This type of agreement establishes the creation of a fence intended to be a long-lasting boundary between the neighboring properties. The parties involved commit to building a durable fence that will require minimal maintenance over time. 2. Temporary Fence Agreement: This variant may arise when landowners need to erect a fence for a temporary period, such as during construction or agricultural activities. The agreement specifies the temporary nature of the fence and outlines the responsibilities for removing it once the need has passed. 3. Repair and Maintenance Agreement: In situations where a pre-existing partition fence needs repair or regular maintenance, this agreement focuses solely on the responsibilities of sharing the costs and efforts required to keep the fence in good condition. 4. Alternate Materials Agreement: While the Missouri Partition Fence Act generally specifies the use of specific fence materials, neighboring landowners may mutually agree to use alternative materials, such as vinyl or composite, instead of the traditional materials like wood or wire. The Missouri Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half serves as a legal framework for mutually shared responsibilities between landowners to create a fair and equitable arrangement regarding the construction, repair, and maintenance of a partition fence. By adhering to this agreement, neighboring landowners can ensure a harmonious relationship while effectively separating their properties.
