A Guide to Missouri Fence Laws
Missouri has two types of fence laws and special requirements for roads and pools.
Written by Heather Bernhard
Reviewed by Melanie Reiff
Missouri has two fence laws: the local option fence law and the general fence law. In addition, the state addresses special fencing situations, such as when property borders a road or body of water.
Unfortunately,
Missouri
fence law can be challenging to understand. One of the reasons is the state’s regulations started way back in 1808 (before they officially became a state), and bits and pieces of old law have hung around over the years.Homeowners and
car insurance
broker app Jerry
has dug into Missouri’s complicated fence laws, and we’ve created a simple guide to walk you through all the basics. If you're confused by fences and the law in the Show-Me State, you’ve come to the right place. Let Jerry find you the best homeowners insurance policy for your needs
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History of Missouri fence laws
Missouri’s first fence law was enacted in 1808 when the area was still part of the
Louisiana
Territory. It required landowners to fence their neighbor’s livestock out if they wanted to protect their property. If the landowner built a “lawful” fence, they could take legal action against the owner of trespassing livestock.The procedure for determining fault was to gather the local justice of the peace and three local householders, who would determine if the fence was lawfuland the extent of any damages. To be a lawful fence, it had to be at least five feet six inches high and supported by stakes firmly set in the ground.
In 1877, the law changed to allow the builder of a lawful fence to bill his neighbor (the one with the wandering livestock) half of the cost.
Today, it is livestock owners’ responsibility to keep their animals in.
In fact, since then, the law has changed multiple times. But, bits and pieces of old regulations remain.
General fence law
The general fence law is the default law for Missouri and applies to the entire state, except for counties that have opted for the local option fence law.
In a nutshell, the law says that a landowner who does not own livestock is not obligated to share in the cost of building or maintaining a fence erected by a neighboring landowner who does own livestock.
Basically, if your neighbor owns cattle, and they keep wandering onto your property, the neighbor is responsible for the cost of fencing—not you.
However, if you and your neighbor both own livestock, you are responsible for maintaining your side of the fence.
It gets even more complicated: if your livestock-owning neighbor builds a fence on a shared property line, they can report the cost to a district judge, who will record it on your deed. Then, if you later get livestock, you will have to reimburse the neighbor for half of the cost of building the fence.
Under this law, a fence must be at least four feet high, have four strands of wire or board, and have posts not more than twelve feet apart.
Local option fence law
In communities that choose the local option, landowners must maintain half of any interior fence, regardless of if they own livestock. Oddly, the law does not specify which half of the fence they must maintain, but the “right side” rule is custom (the landowner maintains the right half of the fence as seen from their property).
Under the local option, a fence must meet the same requirements as those under the general law.
Key Takeaway In Missouri, it is essential to know if your county abides by the general fence law or the local option.
MORE:Homeowners insurance in Missouri
Does Missouri law require fences?
Missouri is a “closed-range” state, meaning that property owners without livestock do not need to fence their property. However, state law does require livestock owners to restrain their animals.
The only other type of fence that may be required in the Show-Me state is pool fencing, depending on where you live. The state doesn’t have any regulations for private pool owners, but local municipalities might.
- At least four feet high on both sides
- Doesn’t have more than four inches of space at the bottom
- Uses a lockable, self-closing, and self-latching gate, with latches at least four feet above ground
If you plan on installing a pool on your Missouri property, make sure you are aware of city and county fencing regulations.
How to legally build a fence in Missouri
First, depending on your county, you may need a permit to build a fence in Missouri. Most towns require them, but you'll still have to observe local zoning restrictions, even if they don't.
In residential areas, fences are limited to six feet in height, and front yard fences shouldn't be more than four feet. In commercial districts, fence height is capped at eight feet.
If you own livestock, such as cattle or horses, you are obligated to put up a fence to restrain your animals. Under general fence law, if you are the only livestock owner, you are the fence's sole owner. However, if your neighbor owns livestock, then you jointly own the fence.
Conversely, all adjoining neighbors are responsible for the fence under the local option, even if they don't own livestock.
You should also note that
Missouri
has no specific laws about spite fences (a fence one neighbor puts up to annoy another neighbor). However, if you are the victim of such a fence, you can still bring a civil suit against the owner. Does homeowners insurance cover fences?
Homeowners insurance usually covers damage to fencing if the damage was due to a
known peril
. This may include things like windstorms, hail, and falling objects. However, it's probably not covered if the damage is due to a lack of upkeep or general wear and tear. Generally, insurance providers consider fences "other structures" (or Coverage B) and will cover up to 10% of your policy's limit. In addition, most insurance companies apply depreciation and will only repair or replace based on current value.
How to save money on homeowners insurance in Missouri
Missouri
is one of the most expensive states for homeowners insurance, with an average bill of $2,251 a year. If you’d like to shave a little off that bill, licensed home and car insurance
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FAQs
Do I need a permit to build a fence in Missouri?
In residential neighborhoods, you will likely need a permit to build a fence in Missouri. However, if you own livestock, you are obligated to build a fence, and no permit is required.
Can my neighbor make me pay for a fence in Missouri?
If your neighbor is a livestock owner and builds a fence on your shared property line, then you get livestock at a later date, you will have to pay your neighbor for half the cost of the fence.
Can I build an 8-foot fence in Missouri?
In residential areas, fences are normally capped at six feet in height. However, in a commercial area, you may build an eight-foot fence.
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