HB 1402 -- Fence Law

Co-Sponsors:  Townley, Gratz, Sallee, Berkstresser, Reinhart,
Hegeman, Froelker, Williams (121)

This bill revises Chapter 272, Fences and Enclosures.

The bill requires property owners wishing to repair or build a
lawful fence to give written notice to the adjoining landowner.
The landowners are to meet and each is to construct or repair
that portion of the fence which is on the right of each owner as
they stand at the center of their common property line on their
own property.  If the owners cannot agree, either may apply to
the associate circuit judge of the county who will summon 3
disinterested residents of the county to appear on the premises
and recommend to the judge the portion of the fence each
landowner is required to repair or construct.  Each
disinterested resident summoned is to receive $25 per day for
actual time served which is to be taxed as court costs.

Existing agreements not consistent with the right hand rule are
to be in writing, signed by both parties, and recorded in the
office of the recorder of deeds in the county in which the fence
is located.  The agreement will bind the makers, their heirs,
and assigns.

If either party fails to construct or repair their portion of
the fence, the other may petition the associate circuit court to
authorize the petitioner to build or repair the fence as
directed by the court.  If the court authorizes such action, the
petitioner is to be given a judgment for that portion of the
fence repaired or constructed, court costs, and reasonable
attorney fees.  The judgment is to be a lien on the real estate
of the party against whom the judgment was given.

If either of two adjoining landowners does not need a fence, the
landowner needing the fence may build the entire fence and
report the cost to the associate circuit judge who will
authorize the recording of that amount to be recorded on each
deed.  If the other landowner who claimed not to need a fence
places livestock against his side of the fence, the landowner
who built the fence is to receive one-half the cost of the fence.

Other provisions of the bill include:

(1)  Adjoining landowners may agree that no fence is needed.

(2)  A landowner may build a fence in excess of a lawful fence.

(3)  A lawful fence is to consist of posts and wire or boards at
least 4 feet high which is mutually agreed upon by adjoining
landowners or decided upon by the associate circuit court.  All
posts are to be set firmly in the ground not more than 12 feet
apart with wire or boards firmly attached and be able to
restrain livestock.

(4)  Obsolete language is repealed by the bill.