Missouri Laws on Property Disputes Between Neighbors

Do you own property in Missouri? If so, you doubtless have neighbors. Learn about the state laws that govern the most common sources of local neighbor disputes.

Missouri Tree Damage Laws

In Missouri, if someone damages a tree that is on property you own, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace it). (To learn what you must prove in order to get actual damages, see When a Neighbor Damages or Destroys Your Tree.) Missouri is among the states where landowners can to recover additional damages if someone deliberately damages a tree: triple or "treble" damages, to be specific. (See Mo. Stat.§ 537.340.)

In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. That's not the case in Missouri, but general Missouri criminal statutes, such as those related to theft or property damage, might still apply. (To learn more about damages and criminal penalties in tree injury cases, see When a Neighbor Damages or Destroys Your Tree.)

Summary: Legal Consequences for
Intentional Damage to Trees in Missouri

Missouri Boundary Fence Laws

A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see Fences and Neighbors FAQ.

You'll find Missouri's boundary fence statutes at Mo. Stat. Ann. § 272.060. It mainly provides that before landowners can build or repair a boundary fence, they must give written notice to the adjoining landowners, and sets forth procedures for coming to an agreement about plans.

There might be also be local ordinances (in your city, county, or town) that add rules on boundary fences.

Missouri Right to Farm Laws

All states, including Missouri, have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws (laws that restrict certain kinds of noisy activity like operation of heavy machinery, prohibit the use of pesticides, and so on).

States vary as to how "farming" is defined and how long the agricultural operation must be in existence in order to get protection under right to farm statutes. Some states also list specific things (for example, odor, noise, or dust) that don't constitute a legal nuisance when they're a byproduct of farming or agricultural activity.

You can find Missouri's right to farm statute at Mo. Stat. § 537.295. It exempts farms that have been in operation for more than one year and weren't a nuisance at the time their operations began. The statute does not protect landowners who actually pollute or cause changes in nearby water quality, however.

(To learn more about right to farm statutes, see Buying a Home in the Country: Do My Rural Neighbors Have the Right to Farm?.)

Where to Learn More

For Nolo articles on neighbor disputes involving adverse possessions and easements, see Adverse Possession: When Trespassers Become Property Owners and Property Easements: Overview.

To learn more about the property issues covered in this article and other disputes between landowners and neighbors, get Neighbor Law: Fences, Trees, Boundaries & Noise, by the Editors of Nolo.