Missouri Revised Statutes
Chapter 272 - Fences and Enclosures
Section 272.090 - Fence to be divided for purpose of repair.

Effective - 28 Aug 1945
272.090. Fence to be divided for purpose of repair. — If the parties cannot agree as to the part each shall have and keep in repair, either of them may apply to an associate circuit judge of the county who shall forthwith summon three disinterested householders of the township to appear on the premises, giving three days' notice to each of the parties of the time and place where said viewers shall meet, and said viewers shall, under oath, designate the portion to be kept in repair by each of the parties interested, and notify them in writing of the same.
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(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.

Structure Missouri Revised Statutes

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 272.130 - Judgment of associate circuit judge reviewed in same manner as other civil actions.

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 272.270 - Fence owners may agree on maintenance — agreement recorded — refusal to agree, procedure.

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.