272.090. Fence to be divided for purpose of repair. - Missouri Statutes

Fence to be divided for purpose of repair.

272.090. If the parties cannot agree as to the part eachshall have and keep in repair, either of them may apply to anassociate circuit judge of the county who shall forthwith summonthree disinterested householders of the township to appear on thepremises, giving three days' notice to each of the parties of thetime and place where said viewers shall meet, and said viewersshall, under oath, designate the portion to be kept in repair byeach of the parties interested, and notify them in writing of thesame.

(RSMo 1939 § 14577, A.L. 1945 p. 917)

Prior revisions: 1929 § 12914; 1919 § 5519; 1909 § 6462

(1958) On appeal from judgment in injunction suit to prevent adjoining landowner from repairing certain portion of division fence, denying injunctive relief and attempting to designate portion of fence each party was to maintain, court held that as oral agreement of plaintiff with defendant's predecessor as to maintenance of division fence was not binding on defendant, the only method of determining rights was under this section and disapproved lower court's attempt to designate portions to be maintained by the parties. McNaughton v. Schaffer (A.), 314 S.W.2d 245.