1. Missouri’s Complex Fence Law… …what has changed this time?
Presented by:
Joe Koenen
Agriculture Business Specialist and County Program Director

2. Program Complaint Information
To file a program complaint you may contact any of the following:
University of Missouri
MU Extension AA/EEO Office, 109 F. Whitten Hall, Columbia, MO 65211
MU Human Resources Office, 130 Heinkel Bldg, Columbia, MO 65211
USDA
Office of Civil Rights, Director, Room 326-W, Whitten Building, 14th and Independence Ave., SW, Washington, DC

3. What I’ll Discuss Tonight…
How has SB844 changed the Optional Fence & Enclosure Law and the Updated General law
What these new provisions will (and won’t) do
Try to answer any Questions you may have

4. Where Missouri is at right now...
Most of the state currently has the updated general law.
19 counties in the state (mostly in Northern Missouri) have the local option law.
The majority of the state went to the updated general law on august 28th, However, 18 counties have the local option law that they voted in at one time or another. The list of 17 with the local option law is on another document – Saint Clair County has a question mark because there is some disagreement as to which one they currently have. No one at the state level keeps track of these and so that is an additional problem/concern.

5. Missouri’s Other Fence Law… Local option Law Counties
Bates
Clinton
Daviess
Gentry
Grundy
Harrison
Knox
Linn
Macon
Cedar
Mercer
Newton
Putnam
Schuyler
Scotland
Shelby
Sullivan
Saint Clair
Worth

6. Where Missouri is at right now...
Chapter 272 is where the fence law statute is located. You can find it on the web too at
The revised general law starts at while the local option begins at
The chapter is a good place to look over our current law. You can also see that there are some wide areas for interpretation which makes it more difficult to give straight (black or white) answers.

7. Comparing the 2 laws...
New General Law only if a landowner owns livestock can he/she be required to build a boundary fence.
Optional Law if 1 landowner has a “need” for a boundary fence, then both landowners are required to contribute 1/2.
General Law – the new law now states that only if a person has livestock can they be legally required to build or maintain a boundary (between 2 landowners) fence. This is a clarification from the previous law. Optional Law – in these 19 counties, if 1 landowner has a need for a fence then both of them are legally obligated to build and maintain their ½ of it whether or not one has livestock.

8. Comparing the 2 laws...
New General Law the definition of livestock can be an issue such as: ~ is 1 horse lvtk? ~ can I run wire feet off property line and not contribute?
Optional Law
General Law – the new law now states that only if a person has livestock can they be legally required to build or maintain a boundary (between 2 landowners) fence. This is a clarification from the previous law. Optional Law – in these 19 counties, if 1 landowner has a need for a fence then both of them are legally obligated to build and maintain their ½ of it whether or not one has livestock.

9. Comparing the 2 laws…(con’t)
New General Law if both landowners have livestock, they are to meet and within a “reasonable” time build or repair the boundary fence.
Optional Law The landowner can give notice to the other(s) as to their “need” for a boundary fence, within 90 days the other is expected to “do this” or face legal action.
General Law – if both landowners have livestock, the law says they need to meet and decide whose doing what and within a reasonable period both must build or repair their portion. However, the problem is define “reasonable” – is it 30 days or 30 months? Optional Law – A landowner needs to give notice to his/her neighbor notice of his/her intention to build or repair a fence. This notice should be written and sent certified letter so they have to sign, especially if you think you might have problems later on. After 90 days from that notice, the other landowner has to have at least started their portion or the other landowner can take them to court (Associate Circuit or Probate Court). The judge then can either allow the 1 landowner to build their portion and assess the neighbor or contact the neighbor directly (more likely) to build their portion. Keep in mind that judges are not real comfortable in doing this always, however. Many now are requiring landowners to file a lawsuit which is not only costly but it is difficult to find attorneys with an Agricultural background or expertise.

10. Comparing the 2 laws…(con’t)
New General Law There is NO specific legal recourse if one landowner refuses to build their portion of the fence.
Optional Law A specific legal recourse is in place if 1 landowner refuses to build their portion, how good it is depends in large part to the judge.
General Law – If a landowner refuses to build or maintain his/her portion, there is no legal recourse in the statute to force them to. That is a large problem (in my opinion). Optional Law – The specific recourse is what we mentioned in the last slide (the judge can force them to legally), however, it only will work as well as the judge makes it work and many judges are unwilling to push it to their legal authority.

11. Comparing the 2 laws…(con’t)
New General Law There is a specific legal remedy for a landowner(s) who puts livestock against a neighbor’s fence later. How well it’s working is subject to interpretation (not very well according to most).
General Law – There is now a legal remedy for the case where 1 landowner (the one with livestock) puts up a fence and the other later on puts livestock against it. The old law didn’t have this which was a big problem. The landowner who builds the fence must now take his/her costs (labor included) to the Associate Circuit Judge who then must certify it’s okay and will be responsible for putting on the deeds of both landowners. There are more questions than answers with this, however. (1) In South Missouri, judges don’t allow non-lawyers to talk to them so how will this be done? (2) How will the judge know if the costs are reasonable? (3) Can the landowner wait for a while to take them to the judge? (4) Who pays the recording costs – the landowner I assume.
Also, the non-livestock owning landowner pays for ½ of the cost if livestock are later put against it whether that’s 1 year or 15 years later.

12. Comparing the 2 laws…(con’t)
Optional Law “A legal fence is 4 barbed wire or the equivalent with posts no farther than 12 feet apart with no stays & 15 feet apart with one stay”.
New General Law The definition of a legal fence is now “wire or wood at least 4 foot high with posts no more than 12 feet apart”. Other types of fences must be approved by the judge.
General Law – A legal fence is now defined as listed on the slide. It replaces the old definition which included multiflora rose, railroad ties, stone, etc. Any other types (high-tensile, etc.) must be approved by the county judge. That could mean that if you have land in 2 counties, in 1 a high-tensile is legal while in another it is not. It must also maintain livestock so 1 barb wire won’t be sufficient. Option Law – a legal fence is 4 barb wires or boards no farther than 12 feet apart or 15 feet apart with 1 stay or vertical brace.

13. Comparing the 2 laws…(con’t)
Optional Law same as new law
New General Law If more than a legal fence is required (woven wire, etc.) you are still required to pay for ½ of a legal fence.
If you have a landowner who requires more than a legal fence (woven wire, 15 foot elk fence, etc.), then the other landowner still must pay for the cost of ½ of the legal one. They will obviously have to determine what that cost is.

14. Comparing the 2 laws…(con’t)
Optional Law The part of the fence to build/maintain is traditionally the right 1/2 as you face each other at the midpoint of your boundary fence.
New General Law The part of the fence to build/maintain is the right 1/2 as you face each other at the midpoint of your boundary fence.
General Law – the law now makes the right ½ as you both stand face-to-face at the mid-point of your boundary fence as your ½. Anything other than that now must be in writing and recorded at your county’s Recorder’s office. These recorded agreements must meet certain specifications. This is the way it will be unless otherwise done at some future point. Optional Law – The right ½ is tradition in these counties, not necessarily the law. In 1 county (Schuyler) the left ½ is the norm. In these counties, anything other than the right ½ should be in writing and recorded too.

15. Comparing the 2 laws…(con’t)
New General Law You have the legal right to go onto your neighbor’s property to repair your or his/her portion of the fence.
Optional Law You have the implied right to go onto your neighbor’s property to repair your or his/her portion of the fence.
Under the general law, you have the legal right to go onto your neighbor’ property to remove any obstacles that are obstructing the fence or to repair it. That includes cutting a tree or limbs that are on the fence, not those that you think might fall on it in the future. That right is implied in the option law counties.

16. Comparing the 2 laws…(con’t)
New General Law You do not have the legal right to remove a fence without your neighbor’s okay. You can remove brush /trees that are obstructing the fence.
Optional Law SAME AS NEW LAW
You do not have the right to remove the fence (doze out, pull the wire, etc.) without the permission of those who are responsible for it (1 or both). Tradition has allowed you to go 10 to 12 feet on your neighbor to clear brush,etc. but since that’s not a legal right if someone won’t let you, you can only remove the brush, etc. on your portion. That is true even if the fence is not on the exact boundary line!
Adverse possession – In Missouri, if a fence is not on the boundary line it is still a boundary fence. However, the potential problem is adverse possession. If 3 feet of your neighbor’s is as if it’s yours for 10 consecutive years, this could happen. Just the fact that it’s been there for 10 straight years does not do that, however. It is a legal process (must go to court) and both parties must have been aware that it was not on the boundary line.

17. So What is the Change in this statute?
Effective 10-14, and has been updated to say “If any horses, cattle or other stock shall break over or through any lawful fence and by so doing obtain access to, or do trespass upon, the premises of another, the owner of such animal shall be liable for any damages sustained if the owner of the trespassing horses, cattle, or other stock was negligent”.
SB 844 tries to update and into one piece in It is an attempt to help livestock producers.

18. Comparing the 2 laws...
General Law only if the livestock owner is negligent and the livestock cause damage can they (livestock owner) be forced to pay for damages.
Optional Law bill passed was to “mirror” that in these counties too but nothing in this portion of the statute addresses this issue, at least in writing. SB844 puts in only!
General Law – the new law now states that only if a person has livestock can they be legally required to build or maintain a boundary (between 2 landowners) fence. This is a clarification from the previous law. Optional Law – in these 19 counties, if 1 landowner has a need for a fence then both of them are legally obligated to build and maintain their ½ of it whether or not one has livestock.

19. So What is this Change Designed to Do?…
It was passed to protect animal owners from frivolous lawsuits where there was no proof of fault.
It also was designed to “cap” damages that could be received to the “actual damages”.
Will it accomplish these things?
$5,000 court cases are pretty small amounts for fences anymore.

20. So What is Negligence Anyhow?…
(1) Livestock owners who don’t or won’t maintain their fence up to the legal minimum standard (different in local or general law).
(2) Livestock owners whose water gaps get out and remain out for a “unreasonable” period of time.
(3) Livestock owners who starve or neglect their animals.
(4) Animals that get out of the fence multiple times.
$5,000 court cases are pretty small amounts for fences anymore.

21. Issues this Change Doesn’t Address…
a) DAMAGES ~ law says “owner of such animals shall be liable for any damages sustained”…if negligent what level of damages will be allowed? Not completely clear - can a good attorney get actual and punitive damages? Certainly possible
$5,000 court cases are pretty small amounts for fences anymore.

22. Issues this Change Doesn’t Address…
b) LOCAL OPTION LAW ~ SB 844 replaced and with section {already discussed} in Issues could be: does it impact the local option too? According to bill but not in statute how will folks find if looking at local option? Real question if they will
$5,000 court cases are pretty small amounts for fences anymore.

23. Issues this Change Doesn’t Address…
c) NEGLIGENCE ~ what will be considered negligence and how will it be ruled on in court: will other items be called “negligence”? Possibly if go to court will animal owners be better off now? Probably, especially in rural counties
$5,000 court cases are pretty small amounts for fences anymore.

24. Issues this Change Doesn’t Address…
d) LAW INTERPRETATION ~ will this help with the previous issues of interpretation of the law: vagueness of the law itself Not really solved at all will attorneys & judges interpret the law? Very likely
$5,000 court cases are pretty small amounts for fences anymore.

25. Issues this Change Does Address…
a) UNNECESSARY LAWSUITS ~ the change does put the proof onto the person filing or wishing to file to prove negligence so: livestock getting out through “no fault” of the owner Very difficult to sue owner proof of negligence On person(s) suing livestock owner
$5,000 court cases are pretty small amounts for fences anymore.

26. What a Livestock Owner Should Do…
(1) Maintain your fence to the minimum or higher level of the law (depends on county your land is in).
(2) Repair/fix water gaps as soon as possible.
(3) Make certain livestock are fed and watered properly and stay in your fences.
$5,000 court cases are pretty small amounts for fences anymore.

27. What a Non-livestock Owner Should Do…
(1) In local option counties, be certain your portion of the fence meets the standards set in the law.
(2) In all of Missouri, don’t file a lawsuit against your neighbor if you can’t prove “negligence”.
(3) Communication between neighbors continues to be the key!
$5,000 court cases are pretty small amounts for fences anymore.

28. Fences & Adverse Possession…
Many people run into adverse possession issues on a fence line. It is a legal term that essentially says if a fence has been in a location for more than 10 years, a new owner may not be able to move it if the neighbor refuses.
It is a legal process (has to go to court) but it is critical to know a survey alone typically does not overturn it if requirements are met.
To qualify for this, must be: (1) actual – acted as the manner of an owner (2) open & notorious – capable of being seen by owner and public (3) exclusive – true owner is not possessing it at same time (4) hostile – adverse or hostile to true owner’s interest (5) under claim or right – error in title or actual use caused this.

29. Fences & Adverse Possession…
Evidence to argue adverse possession include survey, photos, witnesses, use of land during period (timber cut, hunting, etc.).
If both landowners agree, a simple phrase can be put on both deeds to avoid this problem.
You can contact me if you want to find out more on this or go to
I have the language needed to be put on the form.

30. Animal Trespass Issues…
The other area where there are major differences is that of animal trespass.
Animal liability where boundary fences exist differs between laws.

31. Law Interpretation Issues…
Another cause for potential cloudiness is that the law is subject to a lot of interpretation by the county’s Associate Circuit Judge.

32. Fence Cases & Court…
Cases below $5,000 can be heard in small claims court. This can be done without an attorney if you wish.
Again, remember these laws are still subject to a lot of interpretation.
$5,000 court cases are pretty small amounts for fences anymore.

33. If You Have Further Questions…
You can contact me either by… phone: (660) fax: (660) {call 1st} or you can call your county office and they can contact me.

34. In Conclusion… Can I answer any additional questions anyone has?
I will answer specific questions. However, remember that the law can be interpreted different ways.