Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.
Yes, you do have a potential claim to the land via adverse possession. Your "possession" of the land can be based on the fence-line. You believed everything inside the fence was yours and you claimed that property as your own property. Moreover, you have had such possession for more than the required 10-year period.
Here is an article that discussed adverse possession in MO in a bit more detail:
IF he erects a fence, you could claim it is trespass. However, if the legal survey shows that his land's legal description includes part of what you claim to have owned (via the fence line), then you would need to file a court action to quiet title to that land via the theory of adverse possession. A real estate attorney would be needed.
IF you successfully establish title to that land (assuming that a survey shows the fence line is not placed correctly), then you would be able to prevent his trespass on your property.
Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks.
I appreciate your help. Joyce
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).