Missouri Revised Statutes

Mo. Rev. Stat. § 272.060 (2026)

Division fences

✓ current as of May 2026

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272.060. Division fences — rights of parties in, how determined. — 1. Whenever the owner of real estate desires to construct or repair a lawful fence, as defined by section 272.020, which divides his or her land from that of another, such owner shall give written notice of such intention to the adjoining landowner. The landowners shall meet and each shall construct or repair that portion of the division fence which is on the right of each owner as the owners face the fence line while standing at the center of their common property line on their own property. If the owners 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 who shall forthwith summon three disinterested householders of the township or county to appear on the premises, giving three days' notice to each of the parties of the time and place where such viewers shall meet, and such viewers shall, under oath, designate the portion to be constructed or kept in repair by each of the parties interested and notify them in writing of the same. Such viewers shall receive twenty-five dollars each per day for the time actually employed, which shall be taxed as court costs.

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

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

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

Notes of Decisions

Cited in 6 cases, 1953–2014 · leading case: McNear v. Rhoades, 992 S.W.2d 877 (Mo. Ct. App. 1999).

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McNear v. Rhoades, 992 S.W.2d 877 (Mo. Ct. App. 1999). · cites it 12× “Count I of Plaintiffs’ amended petition apparently relied on section 272.060, R.S.Mo.1994, in seeking its “Demand on Adjoining Landowner to Erect a Division Fence.”

Dailing v. Hall, 20 S.W.3d 616 (Mo. Ct. App. 2000). · cites it 13× “Plaintiffs brought a suit based on § 272.060 to recover from Defendants one half of what Plaintiffs spent budding a “division” fence between their adjacent properties.”

Paul C. Ferguson v. R. Kenneth Ewing & Dorothy A. Ewing, 437 S.W.3d 821 (Mo. Ct. App. 2014). · cites it 10× “070 states: 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…”

Sellers v. Swehla, 261 S.W.2d 26 (Mo. 1953). · cites it 3× “9; Section 272.060 RSMo 1949, V.A.M.S. But obviously this did not apply to open range land used for farming.”

Wallace v. Snider, 204 S.W.3d 299 (Mo. Ct. App. 2006). · cites it 3× “Point III also complains that no agreement was reached as prescribed by § 272.060. § 272.060 does not afford plaintiff relief in that construction of the fence in question was not undertaken as a division fence as is permitted by that statute.”

Dailing v. Hall, 1 S.W.3d 490 (Mo. Ct. App. 1999). “Count II is denoted as an “action in quantum meruit,” and Count III requested recovery under Sections 272.060 and 272.080, RSMo. With their Answer, Defendants filed a “cross petition” (counterclaim?) requesting damages against Plaintiffs for injury and destruction to trees,…”

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