The Law Office of Kurt H King

November 9, 2016

Missouri Fence Law

In Chapter 272 of Missouri’s Revised Statutes, you find two sets of fence law back to back, General fence law up front.  Counties can opt for the second set of statutes (Optional fence law) if they prefer.    A minority consisting of northern Missouri counties use the Optional version more in tune with rural areas.

It can be tricky finding out if a particular county has opted out, as it may have happened years before the current county officers took office.  No one at the courthouse may know or want to take the time to check old records and find out for you.  While each county should have its fence law written and available to the public, some do not.  You may be referred to the University of Missouri agricultural extension office for a list or map of those counties which have opted out.  A good article and map is presently available on-line.

While there are several differences in the two fence laws, an important one is that under the General fence law a landowner who does NOT place livestock up against the fence need not pay for half the cost of a boundary fence with his neighbor who does run livestock against the fence.  Section 272.132.

Amazing how so many of us are just a generation or two away from our farm ancestors, but have never encountered the fence laws our grandparents knew well.

Keep in mind the old axiom “a good fence makes for good neighbors”–it still holds water.  Surveys cost but save the expense of rebuilding an off-line fence and paying lawyers on lawsuits claiming trespass, adverse possession, tacking, quiet title, and so on.

Kurt H. King

Law Office of Kurt H. King

816.781.6000

20 E. Franklin, Liberty, Clay County, Missouri 64068

General Litigation and Matters, Personal Injury, Workers’ Compensation, Family Law

May 21, 2010

No Trespassing Warning in Missoouri

Was driving down a back road and saw this sign on a pole along the ditch–

This property protected by Biting Dogs and Automatic Shotguns.

The “property”  looks to be a declining large older home on acreage with a non-gated driveway.

If the sign is real and not just a bluff, then it asks for trouble, particularly if a person pulled up the driveway to ask directions or for some other legitimate reason.  Such  an uninvited person–i.e., a trespasser–who is no threat to the property or anyone who lives on the property should not risk attack by dog or gun.  The property owner who actually protects his property in this way should beware of being sued by an unsuspecting harmless trespasser in many situations.

 

Kurt H. King
Law Office of Kurt H. King
816.781.6000
20 E. Franklin
Liberty, Clay County, Missouri 64068
http://www.kurthking.com

Bankruptcy, Child Custody and Support, Divorce and Modification, Family Law
Personal Injury, Workers’ Compensation

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