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SW MO | Here are the Bates county laws:
Forced Contribution and Maintenance: If either neighboring landowner needs a division fence, the neighbor has to pay for half the cost of the "lawful fence" (different definition in optional counties) and maintain half. See Chapter 272.235 (http://www.moga.mo.gov/mostatutes/stathtml/27200002351.html) of the new Missouri statute.
Lawful fence is defined basically as one equivalent to a fence of four barbed wires supported by posts not more than 12 feet apart, or 15 feet apart with one stay. If either neighbor wants a more costly fence, then he will have to build it and pay for it. See Chapter 272.210.1 (http://www.moga.mo.gov/mostatutes/stathtml/27200002101.html) of the new Missouri statute.
No Right-Hand Rule: The optional county fence statutes make no mention of any right-hand rule. Each neighbor is to build and to maintain "half." Disputes are to be taken to the associate circuit court, which appoints three fence viewers to report back to the court. See Chapter 272.240 (http://www.moga.mo.gov/mostatutes/stathtml/27200002401.html) of the new Missouri statute.
Actual Damages: If your livestock trespass through your portion of the division fence and it was in need of repair, then you may be liable for the actual damages caused to your neighbor's crops or livestock (not double damages). See Chapter 272.230 (http://www.moga.mo.gov/mostatutes/stathtml/27200002301.html) of the new Missouri statute.
Neighbors are still free to make a fencing agreement that is different from these statutory provisions Just be sure it is in writing, signed, and recorded properly (best to have an attorney do this). See Chapter 272.235 (http://www.moga.mo.gov/mostatutes/stathtml/27200002351.html) of the new Missouri statute.
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missouri fence laws
