Missouri’s property laws govern backyard fences through state statutes in RSMo Chapter 272, which distinguish between general fence law (default in most counties) and local option fence law (in about 20 counties like Bates and Newton). These rules address construction standards, neighbor responsibilities, and disputes, while local city ordinances often add height and setback requirements. Deeds may impose additional restrictions via covenants, but state law primarily dictates boundary fences.​
Fence Types by County
Missouri operates under two systems, impacting cost-sharing for division (boundary) fences.​
- General fence law (95 counties): Livestock owners bear primary responsibility; non-livestock owners contribute only if they later use the fence.​
- Local option fence law (e.g., Caldwell, Mercer): Both neighbors split costs and maintenance equally, regardless of livestock.​
Lawful Fence Standards
A lawful fence must be at least 4 feet high, with posts no more than 12 feet apart (or 15 feet with stays under local option), sturdy enough for livestock, and mutually agreed upon.​
The “right-hand rule” assigns maintenance: Neighbors face the midpoint of the boundary; each handles the half to their right.​
Local codes refine this—e.g., backyard heights often max at 6-8 feet, with setbacks of 2-12 inches from lines, and “finished side” facing out.​
Common Dilemmas
Encroachment risks adverse possession: A misplaced fence unchallenged for 10+ years can shift property lines if use is open, hostile, and continuous.​
Deed restrictions or HOAs may prohibit certain materials or heights beyond state rules.​
Always survey boundaries and check permits; utilities require 811 calls.​
Resolving Disputes
Circuit judges appoint “fence viewers”—three neutral locals—to inspect and recommend fixes, costs, or assignments, binding unless appealed.​
Written notice precedes repairs; crossing lines for fixes is allowed up to 10 feet.​
For persistent issues, quiet title suits clarify boundaries via adverse possession claims.​
