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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Our family has live on property years, the property owner

Customer Question

Our family has live on property for 20 years, the property owner next to ours for 8. last year they had it surveyed and show that a fence was on their property by 3 ft. they will not do a quick deed, what forms to we need to fill with court
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,<br /><br />My name is ***** ***** I'd be happy to answer your questions today.

The name of the lawsuit that gives you the right to that portion of the property is called a quiet title action. Missouri Rev. Stat., Section 527.015. This is started by filing a Petition to Quiet Title. This isn't a common enough case for courts to make free forms available online. However, there's a sample on page 6 of this file that might help.
http://static1.1.sqspcdn.com/static/f/374056/8463422/1283963646227/QuietTitleWilhite.pdf?token=POmJPKHxL4AIgP7IimUigO86LBQ%3D

You may also be able to find what you're looking for on www.legalzoom.com or www.uslegalforms.com for significantly less money than it would cost to hire an attorney. One benefit to hiring an attorney is that they can send a letter to your neighbor offering to settle the dispute out of court, and they may realize you're serious about this. Another option is to send them a letter, via certified mail, offering to negotiate a settlement. People sometimes do that by looking at the average price per square foot of land in the area, or the cost per square foot based on what the neighbor's paid for the property. They may be more likely to sign a deed if you reimburse them for what they paid for the property.

Once the lawsuit is filed, you'll also record a Lis Pendens with the Recorder of Deeds. This is done so that if the owners try to sell the property or transfer it, the new owners are on notice of the suit (and they can be substituted in as parties, if necessary). Here is a sample Lis Pendens:
http://www.juris99.com/blake/pdf/doc43.pdf

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