272.060. Division fences--rights of parties in, how determined. - Missouri Statutes

Division fences--rights of parties in, how determined.

272.060. 1. Whenever the owner of real estate desires to constructor repair a lawful fence, as defined by section 272.020, which divides hisor her land from that of another, such owner shall give written notice ofsuch intention to the adjoining landowner. The landowners shall meet andeach shall construct or repair that portion of the division fence which ison the right of each owner as the owners face the fence line while standingat the center of their common property line on their own property. If theowners cannot agree as to the part each shall construct or keep in repair,either of them may apply to an associate circuit judge of the county whoshall forthwith summon three disinterested householders of the township orcounty to appear on the premises, giving three days' notice to each of theparties of the time and place where such viewers shall meet, and suchviewers shall, under oath, designate the portion to be constructed or keptin repair by each of the parties interested and notify them in writing ofthe same. Such viewers shall receive twenty-five dollars each per day forthe time actually employed, which shall be taxed as court costs.

2. Existing agreements not consistent with the procedure prescribedby subsection 1 of this section shall be in writing, signed by the agreeingparties, and shall be recorded in the office of the recorder of deeds inthe county or counties where the fence line is located. The agreementshall describe the land and the portion of partition fences between theirlands which shall be erected and maintained by each party. The agreementshall bind the makers, their heirs and assigns.

(RSMo 1939 § 14574, A.L. 2001 H.B. 219 merged with S.B. 462)

Prior revisions: 1929 § 12911; 1919 § 5516; 1909 § 6459