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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36923
Experience:  Texas Attorney for 30 years dealing in real estate
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How do I use the Missouri adverse posession law? I am selling

Customer Question

How do I use the Missouri adverse posession law?
I am selling my dad's property, but only the 1/2 acre that is within the fences - yard.
I'm keeping the other part - about 1 acre.
IT has had the YARD fence in effect since 1979. My dad owned both pieces of property but they are separate addresses - next door to each other - one is a farm, one is residential. He gave the house to me by a letter back in 2003, but never changed the deed.
So, I'm trying to find a way to avoid a surveyor since that might cost more than what the parcel is worth.
how do I go about this process. Thanks.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ray replied 6 months ago.
Hi and welcome to JA. Ray here to help you tonight. You have to file a suit to quiet title here claiming adverse possession.The court order awards you clear title .You are free to then sell it or whatever you want to do with it. uits to determine interest and quiet title, how instituted--effect of judgment. 527.150. 1. Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion, or remainder, whether in possession or not, may institute an action against any person or persons having or claiming to have any title, estate or interest in such property, whether in possession or not, to ascertain and determine the estate, title and interest of said parties, respectively, in such real estate, and to define and adjudge by its judgment or decree the title, estate and interest of the parties severally in and to such real property.2. And upon the trial of such cause, if same be asked for in the pleadings of either party, the court may hear and finally determine any and all rights, claims, interest, liens and demands, whatsoever of the parties, or of any one of them, concerning or affecting said real property, and may award full and complete relief, whether legal or equitable, to the several parties, and to each of them, as fully and with the same force and effect as the court might or could in any other or different action brought by the parties, or any one of them, to enforce any such right, claim, interest, lien or demand, and the judgment or decree of the court when so rendered shall be as effectual between the parties thereto as if rendered in any other, different or separate action prosecuted therefor.
Expert:  Ray replied 6 months ago.
Your lawyer can file suit to quiet title as you have had adverse possession for the 10 years plus.The court awards you clear title here.Thanks again. Real estate lawyer here http://www.mobar.org/uploadedFiles/Home/Publications/Legal_Resources/Brochures_and_Booklets/Client_Resource_Guide/lrs.pdf
Customer: replied 6 months ago.

I can't afford an attorney. Would probably cost more than the acre of land is worth.

Can I file this myself? What kind of paperwork do I need?

Expert:  Ray replied 6 months ago.
You can file this yourself. Here is a sample, you may also want to go by the county clerks office and get a second one too. http://www.layman.org/Files/VerifiedPetitionMo.pdf

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