Under the general fencing statute, if a landowner's property is damaged by animals coming on his or her land by reason of failure of the livestock owner to keep his or her portion of the division fence in repair, he or she may recover double damages. The collection of these damages may be enforced by distraining trespassing livestock. Boundary line disputes and adverse possession Fence boundaries Boundary location disputes usually arise in connection with rebuilding or relocating old fences. This legal doctrine provides that if someone in possession of land continuously for a period of 10 years will receive absolute title to the land if his or her possession was adverse to the interests of the true owner. The usual case of adverse possession is one in which the adverse possessor does not have guilty knowledge that he is on another person's land.
Typical cases involve innocent construction of fences beyond the boundary line.
The question of where the boundary runs when land borders a stream may arise when water, gravel, mineral or recreational rights are disputed or when a stream changes course. The location of the boundary and the adjoining landowner's rights normally depend on the legal classification of the stream at the point in question. A stream is basically classified as public navigable if it is large enough for commercial watercraft to float on it. In Missouri, the landowner adjoining the stream is considered to own land to the high-water mark, while the public retains ownership of the stream bed. A stream that is too small to float commercial watercraft but is sufficiently large to float canoes, small fishing boats or logs is legally classified as public nonnavigable in Missouri.