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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37041
Experience:  16 years real estate, Realtor. Landlord 26 years
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I had property line surveyrd. Neibors fince and barn is about

Customer Question

I had property line surveyrd. Neibors fince and barn is about 8 foot on my side I know I can not make then move fence or barn it has been there over 1o years. what are my rights. The neibor has already removed the surveyors markers, and I want to build a privacy fence?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
You mention a ten year period, so I am assuming that you know about "adverse possession" and how a person who is technically a trespasser can gain the right to claim property that they are using if they possess it for at lease ten years under Missouri Code §516.010-.030.
With that said, since you can't force them to remove the barn and fence, you would be limited to fencing on your side of them because if you filed a suit for trespass and ejectment, they could counter-sue for "adverse possession" and legally claim ownership of the disputed portion of land that they have fenced in.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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