Missouri Agreement between Adjoining Landowners Regarding Construction along Common Boundary and Fixing Liability for Damage
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FAQ
In Missouri, the placement of a fence near the property line depends on local ordinances and agreements among neighbors. Typically, you should consult local zoning regulations to determine any specific restrictions. The Missouri Agreement between Adjoining Landowners Regarding Construction along Common Boundary and Fixing Liability for Damage can provide guidelines on proper placement, ensuring that all parties are satisfied. Proper planning and communication will promote a smooth fencing process.
Under the local option fence law, a legal fence must meet the same qualifications as required under the general law, or alternatively, a fence is legal if it is at least four feet high with posts no more than 15 feet apart, and with a wire or wood stay placed over the strands at the center point between each post.
Missouri's two fence laws will provide two very different solutions to a typical neighbor dispute. For the most part, the general law places responsibility for the construction and maintenance on the neighbor who "needs" the fence. So if you have a horse, or any other livestock, the fence is your responsibility.
Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!
As of May 2016, 19 Missouri counties are thought to have adopted the Optional County Fencing Statute: Bates, Cedar, Clinton, Daviess, Gentry, Grundy, Harrison, Knox, Linn, Macon, Mercer, Newton, Putnam, Schuyler, Scotland, Shelby, Sullivan, Saint Clair and Worth.
For the most part, the general law places responsibility for the construction and maintenance on the neighbor who "needs" the fence. So if you have a horse, or any other livestock, the fence is your responsibility. If your neighbor is also keeping livestock, then the cost is shared.
In Missouri, as in other states, an individual who openly inhabits an otherwise neglected piece of property for a certain period of time may legally obtain title. This is called "adverse possession" and it's essentially a loophole in the law, closely related to trespassing.
RSMo Sections 272.210 to 272.370 state that when one landowner requires a boundary fence, both landowners are legally responsible for their portion of the fence.
