Mo. Rev. Stat. » Chapter 272
Missouri Revised Statutes

Mo. Rev. Stat. § 272.070 (2026)

Duty of judge if owners disagree

✓ current as of May 2026
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  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

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Paul C. Ferguson v. R. Kenneth Ewing & Dorothy A. Ewing, 437 S.W.3d 821 (Mo. Ct. App. 2014).
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Paul C. Ferguson v. R. Kenneth Ewing & Dorothy A. Ewing, 437 S.W.3d 821 (Mo. Ct. App. 2014). · cites it 10× “Section 272.070 states: If either party fails to construct or repair his or her portion of the fence in accordance with the provisions of section 272.”
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