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Committee approves bill allowing limited neighbor access to repair fences
Summary
The Missouri House Committee on Consent voted 9-0 to give House Bill 1116 a do-pass recommendation; the bill would allow a property owner to enter up to 10 feet onto an adjacent parcel to build, repair or maintain a fence, subject to limits on damage and tree removal.
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The Missouri House Committee on Consent voted 9-0 to give House Bill 1116 a do-pass recommendation after a brief executive-session discussion. Representative Hayden, who introduced the bill, said it would let a landowner "fix, maintain or repair or ... build a new fence" by entering up to 10 feet onto an adjacent property and that the person who enters would "pay for any damage you do."
The bill’s sponsor told the committee the change is intended to resolve disputes that arise when a neighbor refuses access for routine fence work and to update inconsistent county practices. "Except for 16 counties, which are, the old law where each 1 has on the right side of the fences," Hayden said, describing the current patchwork of rules in parts of the state.
In questions from the committee, Representative Hollis asked how proceeds from removed trees would be handled when neighbors disagree. Hayden said the bill does not address proceeds and that any split would be an assumption outside the text of the bill: "My assumption ... is not in the bill is that they would split that value if the tree was on the line." He added that most boundary trees that interfere with fences are low-value or damaged.
The bill includes limits on the accessing party: they may not enter buildings, must compensate for any damage, and may remove only trees on the fence line, Hayden said. The sponsor also said the measure is not intended to eliminate neighbor conflict, but to provide lawful access when necessary, noting that a property owner could still involve law enforcement if threatened.
Chair Poushey moved the do-pass-consent motion. The roll call showed nine ayes and no nays; the motion carried 9-0. The committee recorded the action as taken in executive session.
The bill’s text and the list of the 16 counties Hayden referenced were not specified during the hearing and were not read into the record.
Votes at a glance: House Bill 1116 — do pass (consent); vote 9-0.
The committee did not discuss implementation steps, a timeline for enactment, or whether the measure requires further local clarifications; those matters were not specified in the hearing record.
