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.
Missouri Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half
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How to fill out Agreement By Adjacent Landowners To Construct A Partition Fence With Each Party To Construct One-Half?
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FAQ
A lawful fence is ?a fence with not less than four boards per 4 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 12 feet apart with no stay, or a fence of four barbed wires supported by posts not more than 15 feet apart ...
1 : a barrier intended to prevent escape or intrusion or to mark a boundary. 2 a : a receiver of stolen goods. b : a place where stolen goods are bought. vt fenced.
However, when a fence is built on the boundary line between two properties, it is considered a ?good neighbor fence.? In such cases, the cost of building and maintaining the fence is shared between the property owners.
Missouri's fencing statute defines a ?lawful fence? as any fence consisting of posts and wire or boards at least 4 feet high (and mutually agreed upon by adjoining landowners or decided upon by the associate circuit court), with posts set firmly in the ground not more than 12 feet apart.
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
All fences require a fence permit, which is issued when the fence plans comply with the City's fence regulations, for a fee of $50. Six-foot high fences are generally permitted along the sides and rear of a residential lot, with at least a 30% open area appearing consistently throughout the fence.
Adverse possession means that the fence, for all practical purposes, becomes the property line, and so you cannot just remove or move the fence. A survey does not take precedence over other evidence under adverse possession. If a fence has been in place for more than 10 years, you can't just move it.