Effective - 28 Aug 2001
272.070. Duty of judge if owners disagree — apportionment of costs. — If either party fails to construct or repair his or her portion of the fence in accordance with the provisions of section 272.060 within a reasonable time, the other may petition the associate circuit court of the county to authorize the petitioner to build or repair the fence in a manner to be directed by the court. If the court authorizes such action, the petitioner shall be given a judgment for that portion of the total cost of the fence which is chargeable as the other party's portion of the fence, court costs and reasonable attorney's fees. Any such judgment shall be a lien on the real estate of the party against whom the judgment may be given.
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(RSMo 1939 § 14575, A.L. 1945 p. 917, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12912; 1919 § 5517; 1909 § 6460
Structure Missouri Revised Statutes
Title XVII - Agriculture and Animals
Chapter 272 - Fences and Enclosures
Section 272.010 - Field to be enclosed by fence.
Section 272.020 - Fencing requirements.
Section 272.030 - Owners of stock liable for damages, when.
Section 272.040 - Judge may appoint viewers to view fence — compensation of appointees.
Section 272.050 - Persons injuring animals liable for damages, when.
Section 272.060 - Division fences — rights of parties in, how determined.
Section 272.070 - Duty of judge if owners disagree — apportionment of costs.
Section 272.080 - Value of fence may be recovered, when.
Section 272.090 - Fence to be divided for purpose of repair.
Section 272.100 - Duties of persons appointed — their fees.
Section 272.110 - Division fences to be kept in repair.
Section 272.120 - Division fences not to be removed without consent of owners.
Section 272.132 - Total cost of fence attributable to one landowner, when.
Section 272.134 - Agreement for no fence permitted.
Section 272.136 - Landowner may exceed lawful fence requirements.
Section 272.210 - Definitions.
Section 272.220 - Fields enclosed, how.
Section 272.235 - Adjoining landowners obligated to build fence — when — exceptions.
Section 272.240 - Partition fences — owner may demand payment, when.
Section 272.250 - Duty of judge if parties disagree on value — fence viewers to estimate.
Section 272.260 - Value of fence may be recovered, when.
Section 272.280 - Duties of judge if parties disagree on repairs — fence viewers to designate.
Section 272.290 - Special partition fences — owner may demand payment, when.
Section 272.300 - Fees of fence viewers, judge and sheriff — taxed as costs.
Section 272.310 - Owners to repair division fence — remedy for failure.
Section 272.320 - Division fence not to be removed — exceptions.
Section 272.330 - Application of law.
Section 272.340 - Judgment of judge may be reviewed in circuit court.
Section 272.350 - Petition for review shall state what.
Section 272.360 - Provisions of law effective after election.
Section 272.370 - Petition for election — notice — order of adoption.