Missouri HB1116: Allows real property owners building a fence to enter an adjoining property up to ten feet without liability for trespassing

What the bill says

To amend chapter 272, RSMo, by adding thereto two new sections relating to fences and enclosures. SectionA. Chapter272,RSMo,isamendedbyaddingtheretotwonewsections,tobe known as sections 272.138 and 272.380, to read as follows: 272.138. Whenanownerofrealestatedesirestoconstruct,maintain,orrepaira division fence to enclose a field or enclosure where animals are kept as provided under section 272.010, such owner, or a contractor hired by such owner, may enter on the adjoining property up to a distance of ten feet for the length of such division fence to construct, maintain, or repair such divisio.

From the engrossed text:

To amend chapter 272, RSMo, by adding thereto two new sections relating to fences and enclosures. SectionA. Chapter272,RSMo,isamendedbyaddingtheretotwonewsections,tobe known as sections 272.138 and 272.380, to read as follows: 272.138. Whenanownerofrealestatedesirestoconstruct,maintain,orrepaira division fence to enclose a field or enclosure where animals are kept as provided under section 272.010, such owner, or a contractor hired by such owner, may enter on the adjoining property up to a distance of ten feet for the length of such division fence to construct, maintain, or repair such division fence. The owner or contractor constructing, maintaining, or repairing such division fence is not guilty of trespass for entering onto the adjoining property during the construction, maintenance, or repair of such division fence, provided that the owner or contractor does not enter onto the adjoiningproperty beyond thetenfeet specifiedin thissection. However, suchowneror contractor shall be liable for all damages, if any, caused by entry onto the adjoining property, including damages to crops. Notwithstanding any provision to the contrary, the owner or contractor that constructs, maintains, or repairs such division fence under this section shall not be liable for damages for clearing or removing any tree, brush, or vegetation that lies directly upon the property boundary line where such division fence is constructed, maintained, or repaired, so that such division fence may be constructed, maintained, or repaired upon such …

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