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Thomas McJD
Thomas McJD, Lawyer
Category: Real Estate Law
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Experience:  Real Estate Attorney
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I purchased land 25 years ago, The property had at one time

Customer Question

I purchased land 25 years ago, The property had at one time been part of the same parcel as the adjoining property. When I purchased the property I was told that the fence line was the property boundaries. Another party purchased the adjoining property 4 years ago, and is now claiming my whole driveway and part of my pond is actually his property and he is going to fence it off. If he does a survey and it turns out that it actually is his, do I have any rights to prevent him from doing this? Do I have any rights under squatters rights?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Thomas McJD replied 2 years ago.

TMcJD :

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.

TMcJD :

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.

TMcJD :

Here is an article that discussed adverse possession in MO in a bit more detail:

TMcJD :

http://www.weisslawstl.com/2009/08/01/adverse-possession/

TMcJD :

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.

TMcJD :

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.

TMcJD :

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.

Customer:

I appreciate your help. Joyce

Thomas McJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 6515
Experience: Real Estate Attorney
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