Missouri fence laws can be confusing. While there is a general law, 18 northern counties have what is called a "local option." With two very different measures, determining who is responsible for construction and maintenance of a fence can be confusing. Add in questions over liability and many farmers walk away from the property line scratching their heads.

University of Missouri Extension Ag Business Specialist, Joe Koenen compares the local option with the general law for farmers and ranchers mitigating fence problems.

16 questions you might be asking about Missouri's fence laws.

Fence law history
Until 1963, every county in Missouri was under the general fence law. That year, a state representative from Sullivan County in Northern Missouri introduced the local option legislation, which allowed counties the option to vote to switch to the new law.

Between 1963 and 1986, 16 counties voted to adopt the local option fence law. After a statewide fence law revision in 2001, Gentry and Worth counties also voted to go with the local option law. Today there are 18 counties using the local option fence law.

According to Koenen, the majority of local option law counties are in the northern part of the state. These counties include Bates, Clinton, Daviess, Gentry, Grundy, Harrison, Knox, Linn, Macon, Mercer, Newton, Putnam, Schuyler, Scotland, Shelby, St. Clair, Sullivan, and Worth. Koenen says the local option is similar to the laws of both Iowa and Kansas.

Fence law definition
Under the general law only way a landowner can legally be required to build or help maintain a boundary fence is if they have livestock, Koenen says. "That is the one and only reason you can do that."

The local option law is vastly different. It states that if one landowner has a need for boundary fence then both landowners are legally required to build and maintain half of it.

The biggest issue Koenen runs into with the law is what defines livestock. "I have people call l and say I only have one horse, that is not livestock," he explains. "Yes, it is."

The other problem he finds with livestock is how the law interprets where livestock is held. "If you have a crop field that never has livestock against it, you do not have a legal responsibility to fence," Koenen points out. "However, when someone brings cattle over to graze corn stalks for 20 days out of the year--that makes you a livestock owner. You will need a fence."

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Fence law questions
Koenen addressed a number of concerns during the Missouri Cattlemen's Association annual meeting in January. His responses line up with the factsheet he wrote for the University of Missouri Extension. Below is an excerpt from the fact sheet where Koenen responds to 16 commonly asked questions. He notes that his advice is for educational purposes only and not legal advice. Always check with a lawyer.

1. Who is legally responsible for building and maintaining a boundary (between two or more landowners) fence?

General fence law
Chapter 272 of the Missouri Revised Statutes (RSMo 272), where the law is located, states that the livestock owner alone is legally responsible for building and maintaining a fence to enclose the livestock. When adjoining landowners or their renters own livestock, each is responsible for his or her half of the boundary fence for as long as they both own livestock.

Local option fence law
The law states that when one landowner requires a boundary fence, both landowners are legally responsible for their portion of the fence. It does not mention livestock ownership.

Nonboundary fences
Regardless of a county's fence law, in cases of property lines along roads (from interstate highways down to township gravel or dirt roads) and boundaries along a water body, livestock owners are responsible for enclosing their animals.

2. How is "livestock owner" defined in the updated general fence law?

In general law counties, a person who has livestock in a field at any time during the year is considered a livestock owner and is required to have a fence. One head would qualify; cattle grazing corn stalks for 25 days qualify.

3. What if my neighbor puts livestock against the boundary fence after I have built it?

This issue relates only to general fence law counties, as livestock ownership doesn't matter in local option counties. The law provides that the livestock owner who pays for the fence can have the construction costs recorded against both deeds by the associate circuit judge. If the other landowner later places livestock against the fence, he or she is to reimburse the person who built the fence for half of the recorded costs.

4. What portion of the fence am I required to maintain?

General fence law
If you and your neighbor both have livestock, face each other at the midpoint of your boundary fence: the half to your right is your responsibility and the half to your left is your neighbor's. Any other agreed-upon division must be put in writing and recorded* in all counties that the fence is in.

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Local option fence law
The law does not specify which portion of the fence is each landowner's responsibility. Traditionally, if you and your neighbor face each other at the midpoint of your boundary fence, the half to your right is yours and the half to your left is your neighbor's.

5. What constitutes a legal fence in Missouri?

General fence law
"A fence consisting of posts and wire or boards at least 4 feet high which is mutually agreed upon by adjoining landowners or decided upon by the associate circuit court of the county is a lawful fence. All posts shall be set firmly in the ground not more than 12 feet apart with wire or boards securely fastened to such posts and placed at proper distances apart to resist horses, cattle and other similar livestock" (RSMo 272.020).

Local option fence law
A lawful fence is described as "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 one stay, or a fence of four barbed wires supported by posts not more than 15 feet apart with one stay or 12 feet apart with no stays, or any fence which is at least equivalent to the types of fences described herein." "Stays" are vertical supports that are attached to each horizontal wire of a fence.

6. If my neighbor needs a more substantial fence, do I have to pay for it?

If a neighboring land- or livestock owner needs a fence above the legal definition, you are required to pay only what your portion of a legal fence would cost. Anything above that cost is your neighbor's responsibility.

7. If my neighbor wants to doze out the old fence and build a new one, but I don't, do I have to allow it?

First, the tradition in Missouri is that 10 feet on each side of the boundary fence would be cleared before putting in a new fence, but this is not required in the statutes. It is a good idea from a liability standpoint, though. Second, does the current fence meet the legal definition and maintain livestock? If you cannot agree on this, then the associate circuit judge can appoint three disinterested parties to decide.

8. Can I just move my fence if a survey of my property shows that the current fence is not on the actual boundary line?

In Missouri, as in other states, a boundary fence that has been in place for 10 or more consecutive years can in effect become the boundary by the legal doctrine of adverse possession. 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 adverse possession. So, if the fence has been in place for more than 10 years — No, you can't just move the fence. A fence that has been in place less than 10 years, however, can be moved based on a property survey.

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9. What is a "devil's lane"?

Years ago, when neighboring landowners couldn't agree on where to put a fence, they each located a fence on the adjoining side of their properties with a 10-foot lane in between. The space between such fences is called a "devil's lane." Although creating a devil's lane may avoid disputes initially, it can lead to adverse possession if one of the landowners claims the lane years later.

10. Can I dispute adverse possession in court and prove that the survey is correct?

For adverse possession to be complete, it has to be proved in court. The judge will hear evidence from both sides. What evidence is allowed is decided by the judge and might include the survey, pictures and witnesses as to how long the fence has been there. This process generally puts a new landowner in a tough legal position unless all or some of the evidence supports his or her claim.

11. Can my neighbor and I agree to put a fence in place on the current boundary line without risking adverse possession later?

Yes, you and your neighbor can place the fence in an agreed-upon location and, to avoid adverse possession, state that it is there "for convenience purposes only" (have an attorney draft the specific wording) on a quitclaim deed, which must be signed by you both and recorded in the county recorder's office. Such a deed can also be recorded concerning a fence that is already in place if you and your neighbor agree.

12. Why won't a judge just use a survey I have had done to decide where the boundary line is?

Surveys may be very accurate, but they are not infallible. At times, two surveyors may put a boundary line at different locations. Several locations in Missouri do not have the old quarter-mile marker pins (iron stakes in the ground), so surveyors must go from other points. Surveyors' skills depend on whether they are certified and how much experience they have. Due to these and other reasons, some judges will not allow a survey as admissible evidence in court.

13. If my neighbor's livestock get onto my land, does my neighbor have to pay for any damage they cause?

General fence law
If you do not own livestock, any damage done would be the livestock owner's responsibility. If you both own livestock, then responsibility would depend on which portion of the fence the livestock passed through, whether the fence met legal standards, and what condition the legal fence was in.

Local option fence law
According to the law, you are entitled to the repair of the portion of the fence the livestock got through but not to damages. If the livestock owner has liability coverage, however, some insurance companies may pay for actual damage, such as that done to crops.

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14. What can happen to me if I don't maintain my part of the fence?

Compensation for damage done by livestock getting onto your property. Furthermore, you may not be entitled to certain government payments, such as Conservation Reserve Program (CRP) assistance. Secondly, you could be liable if livestock get out onto a road or another neighbor's land and do damage.

15. Can I keep the trees and other plants that are on my side of the fence?

Traditionally, 10 feet on each side of the fence is kept clear of brush and trees to minimize potential damage to the fence and so the fence can be maintained easily, but it is not a legal requirement. However, you can be held liable and have to pay for repairs if your trees or brush obstruct or fall onto the fence

16. Who is responsible for water gaps on the boundary line?

The law does not specifically address water gaps, so the landowner whose portion of the fence the water gap is on would be responsible. An agreement other than that needs to be recorded in the county recorder's office.* An inequity such as when a water gap is entirely on one landowner's portion is a good example of a case when neighbors working out an agreement other than the law is a good idea.

(Portions of this article provided by the University of Missouri Extension)