Missouri s Complex. Looking at Missouri s 2 Fence Laws. Disclaimer. Where Missouri is at right now... Local Option Law Counties

Similar documents
Missouri s Complex Fence Law

Iowa Fence Law. January 2008 Revised: July 3, by Roger A. McEowen*

An Overview of Virginia Fence Law. Jason Carter, Extension Agent, Augusta County

Missouri Sentencing Advisory Commission. Annual Report on Sentencing and Sentencing Disparity Fiscal Year 2015

Missouri Marijuana Arrests

Title 17-A: MAINE CRIMINAL CODE

BYLAWS OF MISSOURI BROADCASTERS ASSOCIATION. ARTICLE I Name, Object, Officers and Directors. The objects and purposes of this association shall be:

University of Arkansas Division of Agriculture. An Agricultural Law Research Project. States Fence Laws. State of Kentucky

Timber Theft. Presented by: Bill Worrell Extension Agent Forestry & Natural Resources Virginia Cooperative Extension

A PROCEDURAL GUIDE FOR TOWNSHIPS

FENCE LAWS III FEB ~ 8 15 AGR1CULIUBE L'~ C' RGULll.l;~S COPY~ Circular 733 UNIV~RSITY OF ILLINOIS COLLEGE OF AGRICULTURE

BY-LAWS OF NORTHWEST MISSOURI AREA AGENCY ON AGING, INC.

The Stray Animals Regulations

AMENDED AND RESTATED Articles of Incorporation. The Missouri School Nutrition Association A Non-Profit Organization.

HOMEOWNERS ASSOCIATION. Fence Construction Guidelines

Bylaws of The Missouri State Chiropractors Association. Division Topic Page. Article I Name 2. Article II Offices 2. Article III Duration 2

CONSOLIDATED WITH BY-LAW THE CORPORATION OF THE TOWNSHIP OF MULMUR BY-LAW NO FENCE BY-LAW

Province of Alberta LINE FENCE ACT. Revised Statutes of Alberta 2000 Chapter L-13. Current as of December 13, Office Consolidation

Embassy Park Architectural Control Committee, ACC. Memo on fencing procedures and requirements

ALABAMA COURT OF CIVIL APPEALS

Florida Department of Agriculture and Consumer Services Florida Forest Service GRAZING AGREEMENT

OFFICE CONSOLIDATION FENCE BY-LAW BY-LAW NUMBER By-Law Number Date Passed Section Amended

ALABAMA COURT OF CIVIL APPEALS

Commonwealth Of Kentucky. Court of Appeals

HANDOUT FOR MULMUR TOWNSHIP RATEPAYERS SWIMMING POOLS AND FENCES May 01, 2013

Fences and Walls Handout Excerpts from MBMC

CITY OF EASTPOINTE BUILDING DEPARTMENT APPLICATION FOR FENCE PERMIT

University of Arkansas Division of Agriculture. An Agricultural Law Research Project. States Fence Laws. State of Illinois

Mayor and City Council. From: Mike Morton, City Planner. Subject: Hart Fence Variance Application

The USDA Discrimination Complaint Process

Interests Protected by the Fourth Amendment

Porter County Poll Worker Training. Office of the Porter County Circuit Court Clerk

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 11, 2007 Session

- CODE OF ORDINANCES Chapter 14 - PLANNING ARTICLE II. - RESIDENTIAL FENCE REGULATIONS

1. You could not reasonably have been expected to know of the discriminatory act within the 180-day period;

FENCING/SCREENING/LANDSCAPING

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 6, 2009 Session

Iowa Fence Requirements: A Legal Review By Kristine A. Tidgren i July 27, 2016

So you re the club vice-president...

DIVIDING FENCES. A self-help kit about the law of building and maintaining fences between neighbours

Request for Nominations of Members for the National Agricultural R esearch,

BY-LAWS OF THE ILLINOIS FAMILY SUPPORT ENFORCEMENT ASSOCIATION

ARTICLE F. Fences Ordinance

CITY OF EAGLE REZONE APPLICATION CROSS REF. FILES: Owner. Purchaser APPLICANT ADDRESS: APPLICANT OWNER ADDRESS: OWNER REPRESENTED BY:

THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER

Volume 10 Issue 12 THE LAKES COMMUNITY NEWSLETTER December 2018

University of Arkansas Division of Agriculture. An Agricultural Law Research Project. States Fence Laws. State of Virginia

Codex Alimentarius Commission: Meeting of the Codex. AGENCY: Office of the Deputy Under Secretary for Food

PERMIT COVER PAGE. Is contractor performing work? YES NO. If answered YES than Contractor must provide Proof of Insurance to the Borough

Fence By-law. PS-6 Consolidated May 14, As Amended by: PS March 20, 2012 PS May 14, 2013

MICHAEL T. MANLEY, ) ) Respondent, ) ) vs. ) No. SD30709 ) WILLIAM C. MEYER ) and LINDA MEYER, ) ) Appellants. )

RESTRICTIVE COVENANT ARCHITECTURAL AND CONSTRUCTION

Elaine Miller, Chair, Todd Tracy, Vice-Chairman, Alison Belan, Norman Caldwell, John Davison, Don Landis, John Mead, Samantha Smith

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT STATE FARM FIRE & CASUALTY COMPANY, ET AL. **********

The Protection and Advocacy System for Indiana Member: National Disability Rights Network

IN THE CIRCUIT COURT OF MARION COUNTY DISTRICT I AT PALMYRA, MISSOURI. Petition

CHESAPEAKE WATERSHED COOPERATIVE ECOSYSTEM STUDIES UNIT. AMENDMENT THREE TO COOPERATIVE AGREEMENT and JOINT VENTURE AGREEMENT.

Housing Authority of the City of Columbia, Missouri

HENRY COUNTY HEALTH CENTER REGULATION NO WASTEWATER TREATMENT SYSTEMS REGULATION

City CQ)f WesiwCQ)Jrth Village 31]1 Bm ' ~o:n JHljl1 IRo 'Il '~ VVest-wodh Village, T :g: ]Pax ll7.7jlo.2501

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 9, 2004 Session

Port Huron Charter Township Section Fences Ordinance # 233

LOST MEADOWS SUBDIVISIONS Deed Restrictions

Decision Memo San Antonio Mountain Communication Site Lease Project

THE CORPORATION OF THE TOWN OF INNISFIL BY-LAW NO

City of Otsego Zoning Ordinance Section 16 General Building and Performance Requirements

2014 National Tree Contest July 25-26, 2014 Allegan, Michigan

Fences and Detention of Stray Livestock Act

JANIE L. GROMER, ) ) Plaintiff - Respondent, ) ) vs. ) No. SD29942 ) HUBERT MATCHETT, SR., ) Opinion filed: ) July 28, 2010 Defendant - Appellant.

APPROVED. GHEHA Board of Managers, President. Steve Roberts

Thornwood Maintenance Association Deed Restrictions

Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:

Overview of Key Lease Provisions

Indexed. -to W. HANNAH Circular 977. tv of Illinois College of Agriculture Cooperative Extension Service

HEARING NOTICE LAND USE REQUEST AFFECTING THIS AREA

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO

Fences. An Information Package for the erection and installation of Fences in the City of Thorold

: FENCE STANDARDS:

OFFICIAL ORDINANCE SOO LINE TRAIL RULES AND SAFETY REGULATIONS PINE COUNTY, MN

Transit Authority of River City (TARC) TITLE VI Complaint Procedure

COMMI.]NITY DEVELOPMENT DEPARTMENT 333 Broadalbin Street SW. P.O. Box 490 Albany OR 97321

Request for Price Proposal Parking Lot Striping Paint

Ordinance No. 24 of 2018 died due to a lack of a motion to adopt. Reintroduced as Ordinance No. 34 of Egg Harbor Township. Ordinance No.

CHAPTER 13 CEMETERIES. Article I - Definitions; Application Section 13-1 Definitions Section 13-2 Application of Provisions

Public Hearing to Adopt Local Law #1 of 2014 To Override the 2% Tax 6:00 PM REGULAR BOARD MEETING to Town Hall June 17, 2014

GOOD WILL HUNTING CLUB, INC., : NO Plaintiff : vs. : : CIVIL ACTION : JAMES R. SHIPMAN, : OPINION AND VERDICT

Page: 1 PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION

MEMORANDUM OF UNDERSTANDING concerning CLEAN-UP OF RAIL PROPERTIES IN KENSINGTON

THE CORPORATION OF THE TOWN OF MILTON BY-LAW NO

Idaho Open Range Law. ICA Annual Meeting

THE CORPORATION OF THE VILLAGE OF NEWBURY BY-LAW A By-law to Prescribe the Height and Type of Fences

TOWN OF SIDNEY SIGN BYLAW 2058

NO. 11S -03W- 21; TAX LOT 502 AND CONTAINING APPROXIMATELY ACRES ( FILE NOS. AN

Announces an Examination for POLICE RECRUIT

LaCrosse Homeowners Association Rules and Regulations

FULLERTON SCHOOL DISTRICT Nutrition Services Department CIVIL RIGHTS COMPLAINT FORM

NOTICE OF HUNTING LEASE BID. Bid Date: TUESDAY, September 15, 10:00 A.M. TAC East & TAC-West Tracts

Vargas v. Monte DRAFTERS POINT SHEET

General Provisions. TITLE 1 Chapter 2. Ordinance Enforcement by Citation

Components of Population Change by State

Transcription:

Cedar Webster County Cattle Producers Meeting -- Marshfield, MO 7/9/2015 Missouri s Complex Fence Law Looking at Missouri s 2 Fence Laws Presented by: Bob Schultheis Natural Resource Engineering Specialist for Webster County Cattle Producers Meeting Marshfield, MO July 9, 2015 What s the difference and where does Webster County fit? Special thanks to Joe Koenen, Agriculture Business Specialist, for use of this presentation 2 What I ll Discuss Tonight How the Optional Fence & Enclosure Act differs from the updated general What either will (and won t) do Try to answer any questions you have 3 Disclaimer I am not a yer. Do not rely upon this information for legal advice. Photo credit: i2.wp.com/lotsofhumor.com Consult an attorney for legal counseling tailored to your specific situation and needs on this topic. 4 Where Missouri is at right now... Most of the state currently has the updated general, enacted 8/28/2001. 19 counties in the state (mostly in northern Missouri) have the local option. 5 Missouri s Other Fence Law Local Option Law Counties Bates Clinton Daviess Gentry Grundy Harrison Knox Linn Macon Cedar Mercer Newton Putnam Schuyler Scotland Shelby Sullivan St. Clair Worth 6 1

Where Missouri is at right now... (7/9/15) Comparing the 2 s... Chapter 272 is where the fence statute is located. You can find it on the Web at www.moga.mo.gov/mostatutes/chapters/chaptext272.html The revised general starts at 272.010 while the local option begins at 272.210 Wide areas for interpretation make straight answers difficult 7 only if a landowner owns livestock can he/she be required to build a boundary if 1 landowner has a need for a boundary fence, then both landowners are required to contribute 1/2. 8 Comparing the 2 s... the definition of livestock can be an issue such as: ~ is 1 horse livestock? ~ can I run wire 25 feet off property line and not contribute? if both landowners have livestock, they are to meet and within a reasonable time build or repair the boundary The landowner can give notice to the other(s) as to their need for a boundary fence; within 90 days the other is expected to do this or face legal action. 9 10 There is NO specific legal recourse if one landowner refuses to build their portion of the A specific legal recourse is in place if 1 landowner refuses to build their portion; how good it is depends in large part to the judge. There is a specific legal remedy for a landowner(s) who puts livestock against a neighbor s fence later. How well it s working is subject to interpretation (not very well according to most). 11 12 2

The definition of a legal fence is now wire or wood at least 4 foot high with posts no more than 12 feet apart. Other types of fences must be approved by the judge. A legal fence is 4 barbed wire or the equivalent with posts no farther than 12 feet apart with no stays and 15 feet apart with one stay. 13 If more than a legal fence is required (woven wire, etc.), you are still required to pay for ½ of a legal 14 The part of the fence to build/maintain is the right 1/2 as you face each other at the midpoint of your boundary The part of the fence to build/maintain is traditionally the right 1/2 as you face each other at the midpoint of your boundary You have the legal right to go onto your neighbor s property to repair your or his/her portion of the You have the implied right to go onto your neighbor s property to repair your or his/her portion of the 15 16 You do not have the legal right to remove a fence without your neighbor s okay. You can remove brush /trees that are obstructing the Fences & Adverse Possession Many people run into adverse possession issues on a fence line. It is a legal term that essentially says if a fence has been in a location for more than 10 years, a new owner may not be able to move it if the neighbor refuses. It is a legal process (has to go to court), but it is critical to know a survey alone typically does not overturn it if requirements are met. 17 18 3

Fences & Adverse Possession Evidence to argue adverse possession include survey, photos, witnesses, use of land during period (timber cut, hunting, etc.). If both landowners agree, a simple phrase can be put on both deeds to avoid this problem. For more information on this, see MU guide G811. extension.missouri.edu/p/g811. Animal Trespass Issues The other area where there are major differences is that of animal trespass. Animal liability where boundary fences exist differs between s. 19 20 If someone s livestock get out through your portion of the fence, you can collect actual damages or nothing, depending on the condition of the If someone s livestock get out through your portion of the fence, you have no legal right to collect damages of any kind. 21 If livestock get out through the other side of the fence, you can collect actual damages, again depending on the condition of the If livestock get out through the neighbor s portion of the fence, you can legally repair his part and be reimbursed for your costs of that only. 22 If livestock get out through a nonboundary fence (road, creek), you can receive double damages and distrain them after the 1 st trespass. 23 railroads are unique situation. Statute 389.650 requires them to maintain their fences from livestock. 24 4

Law Interpretation Issues Another cause for potential cloudiness is that the is subject to a lot of interpretation by the county s Associate Circuit Judge. Fence Cases & Court Cases below $5,000 can be heard in small claims court. This can be done without an attorney if you wish. Again, remember these s are still subject to a lot of interpretation. 25 26 Miscellaneous issues Keep in mind that the Local Option can be voted on more than once. If a landowner refuses to do their part, it is extremely difficult to force them under either. If voted in, it will require education on the part of your judge and attorneys too! Missouri s Purple Paint Statute Statute enacted in 1993 (RSMO 569.145) Allows landowners and renters to show their property is a posted no trespassing area by painting purple vertical stripes on trees and posts Fulfills the same function as a "No Trespassing" sign, a fence, or telling someone not to come onto your property. 27 Photo credit: www.geocachingaustin.com Missouri s Purple Paint Statute Vertical paint lines must be minimum 8 in. long; bottom edge must be between 3 feet and 5 feet off the ground Purple paint lines spaced no more than 100 ft. apart Posts may be capped or otherwise marked on at least its top 2 in. Marked posts not more than 36 feet apart Paint marks must be readily visible to any person approaching the property Photo credit: www.majicpaints.com 29 Missouri s Purple Paint Statute Advantages Paint cannot be torn down like signs can No more fast growing trees pulling the nails through the sign in 2 3 years, requiring replacement Hunters not as tempted to shoot purple paint as they are to shoot signs Tips Before painting, scrape off the loose tree bark with a draw knife (not too deep) to double or triple the life of the paint mark (up to 4 8 years) Smooth barked trees, such as hickory, are better to paint 30 5

If You Have Further Questions You can contact Joe Koenen either by phone: (660) 947 2705 fax: (660) 947 3006 {call 1 st } e mail: koenenj@missouri.edu or you can call your county Extension Center and they can contact him. 31 Resources Missouri Revised Statutes, Chapter 272 Fences and Enclosures www.moga.mo.gov/mostatutes/chapters/chaptext272.html Missouri Fencing and Boundary Laws extension.missouri.edu/p/g810 Missouri's Fencing and Boundary Laws: Frequently Asked Questions extension.missouri.edu/p/g811 Farmers' Liability for Their Animals extension.missouri.edu/p/g453 32 Questions?? Robert A. (Bob) Schultheis Natural Resource Engineering Specialist Webster County Extension Center 800 S. Marshall St. Marshfield, MO 65706 Voice: 417-859-2044 Fax: 417-468-2086 E-mail: schultheisr@missouri.edu Web: extension.missouri.edu/webster Program Complaint Information To file a program complaint you may contact any of the following: University of Missouri MU Extension AA/EEO Office 109 F. Whitten Hall, Columbia, MO 65211 MU Human Resources Office 130 Heinkel Bldg, Columbia, MO 65211 USDA Office of Civil Rights, Director Room 326-W, Whitten Building 14th and Independence Ave., SW Washington, DC 20250-9410 University of Missouri Extension provides equal opportunity to all participants in extension programs and activities, and for all employees and applicants for employment on the basis of their demonstrated ability and competence without discrimination on the basis of their race, color, religion, sex, sexual orientation, national origin, age, disability or status as a protected veteran. 33 6