If someone opens or tears down a door, gate, or fence that is not on their own property and leaves it that way, they owe the injured person five dollars plus twice the amount of damages caused. If someone removes a shared fence between two farm fields, they must first give the neighbor six months' written notice. There is an exception for fences built across streams used to float logs — those fences can be removed, but only if the fence was actually blocking the logs and not just put there to make the logging company pay money to get through.
537.350. for throwing down gates and fences — . — If any person shall voluntarily throw down or open any doors, bars, gates or fences, and leave the same open or down, other than those that lead into his own , or shall voluntarily throw down, open or remove any , without giving six months' written notice to the person owning the adjoining fields, if they are cultivated lands, he shall pay to the injured the sum of five dollars, and double the amount of he shall by reason of such doors, bars, gates and fences having been thrown down or opened, with ; provided, that this section shall not be to apply to fences erected across any in this state which carries sufficient water to move logs for lumbering purposes, of ten inches or more in diameter, and railroad crossties and ; provided further, that any , company or individual driving such logs, crossties or piling, or having placed the same in any such stream with the intent to drive or float the same, shall be for the which may result therefrom to any owner of land bordering on any such stream; but this section shall not be construed to include a fence erected across any such stream and not enclosing a farm or plantation, nor where, in any case, it is apparent that such fence was erected across such stream for the mere purpose of hindering the free passage of such logs, crossties or piling, or for the purpose of money from the corporation, company or individual engaged in driving such logs, crossties or piling.
(RSMo 1939 § 3682)
Prior revisions: 1929 § 3292; 1919 § 4243; 1909 § 5449
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.