Fence Placement and Land Use

[BGBoggs]

State = Missouri
Zoning Laws = No
Road = Private
Total land = 232 acres
Subdivision = 20 acres located on the corner of 232 acres



Over 50 years ago a 20 acre river community was developed by a land owner along the Mississippi River. A private road was constructed to allow access to approx 60 lots on the East side of the road. On the West side of the road there is a lake with a 30 ft or less strip of land that lies between the road and lake. On the East side of the road behind the 60 lots lays the river approx 175 feet from the property lines. Of those 175 feet the US Corp of Engineers has 150 feet which leaves 25 feet that the land owner still owned.
Rights were given to the residents to fish the lake and to have access to the river where land owners had built boat docks and it has been that way for over 50 years despite several owners.

A new owner has purchased the entire 232 acres including the un-sold lots and left over property in the subdivision. The new owner is the process of installing a barb wire fence on the opposite side of the road. Although only the posts have been installed they have been placed right on the edge of the road to approx 2 ft away as they follow the road. This is a single lane road that varies from 10 to 14 feet wide. The fence placement has caused issues with backing out of driveways and hitting the fence causing damage to several cars. The new owner has also indicated that he may be installing a fence at the back of the lots which will block access to the river.

There has been discussion with the owner to try and work out a compromise on the fence already under construction but with no luck. I think he knows that we will end up in court if the fence on the river side goes up. Right now my concern is the fence along the road that needs to be moved to a more reasonable distance from the road edge so cars are not damaged and residents can back their boats in their driveways.

That is it in a nutshell and any information or guidance that can be provided will be appreciated.

Thanks

[KeyWestDan]

Are permits required for the fencing?
Was there a public hearing?
Is BARBED WIRE even permitted in such a situation. What about kids and pets? Does he want to keep in Livestock or something? That doesn't sound legal either. Barbed wire has some serious liability issues? How rural is the area?

What is the purpose of the fencing?
Is it justifiable?

Even though the new owner owns the property, after that many years the individual home owners can argue a property interest, and obviously the fencing will reduce the value of their property and reduce their enjoyment in it.

Yes, a civil action will be the end result. And in this case, there will be a bunch of people pooling their money to sue him, so that will create a much bigger burden for him than for the group of home owners.

Maybe somebody should explain it to him in these terms.

So, WHY does he want to spend money on fences? Who will that benefit and how? Does the cost of the fencing and the expenses he will have in court justify the benefits? And if it goes to court, his benefits might be short lived and he might have to spend more money to remove the fencing.

My first look would be at the legality and the why for it all.

[Mr. Knowitall]

Have you checked the title history or any registered plats or maps related to the subdivision to see how the right of way is described and if it has a defined width? If so, what did you find?

[BGBoggs]

I have visited the county records found that there were two dates where the owner sectioned off 50 x 150 ft lots. The original subdivision, Plat 1, did not have any road easement for the first 60 lots which were all on the east side of the road. However there was a second development, Plat 2, 15 years later that added more lots and a few on the west side of the road. In plat 2 it shows a 20 ft road easement that started at the beginning of the subdivision entrance. The easement extends 3/4 of the entire length of the road to the last new lot on the west side of the road of Plat 2. This 20 ft road easement included many of the lots from Plat 1. My property is towards the end of the road that does not show an easement and only has lots on the East side of the road.

Another item is that the road does not follow the easement since it originally was constructed winding through trees that are now over 80 years old. Did not matter where the road went with the original developer but now the new owner is carving out his land.

Hope this helps and any other information needed please let me know.

Thanks,

BGBoggs

[BGBoggs]

I have not received any comments on the fence issue for some time. Since my first posting, I have now backed into this fence and caused over $300.00 damage to my truck. I had contacted the fence owner and asked if the fence could be moved and was told I need to be more careful. I don't know if there is a Missouri law that someone can place a fence knowing that it will cause personal property damange and not be accountable. If someone could provide a web site with this type of info I would appreciate it.


Thanks
BGBoggs

[LandSurveyor]

If the existing road has been in place for as long as you say, you may have prescriptive rights to it where it is actually located. So will all of the other owners who have owned as long.

Unfortunately there is no web site where you can go for relief. You can try contacting the new owner and telling him that the road was moved to where it is now many years ago and that you will be removing any fence which is in your way on the existing road.

But I would be in favor of hiring an attorney to preserve whatever rights you have in the existing road. No magic bullet, just some money. Perhaps you can all go in on it.