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  1. #1
    Join Date
    Jan 2014
    Posts
    2

    Default Neighbor's Fence is on My Side of the Property Line

    My question involves real estate located in the State of: Missouri

    My neighbor built a new fence along the property line in early 2013. The prior fence had been in place for over 10 years. The problem is the new fence along the property line is now 2 feet into what used to be my side yard and part of my driveway. I thought I had no ability to object then I heard about the Adverse Possession doctrine.

    I have proof from the prior owner the old fence was in place for over 10 years so I feel I meet that requirement. The new fence claims the land that I used to use so I feel my claim would be valid.

    My questions:
    1. what other questions/research should I do to confirm my suspicions that the neighbor forgave his right to the strip of land by building his prior fence and keeping in place for 10 or more years?
    2. Is there a time frame I need to act within if I decide to make a claim based on Adverse Possession?

    Thank you.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Neighbor's New Fence

    The first step would be to pay for your own survey.

  3. #3
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Neighbor's New Fence

    After you get the above mentioned survey, if it proves you right then you'll have to consult with a lawyer. Also be prepared to spend thousands and thousands of dollars and possibly many years fighting for this land. Whether you win the land or not you will most likely create a Hatfields/McCoys situation with your neighbor whose land you tried or succeeded in taking.

    So before you even spend money on the Survey, maybe you should think about how much this strip of land is worth, considering what it's going to cost you in time, money and neighborly relations.

  4. #4
    Join Date
    Oct 2011
    Posts
    314

    Default Re: Neighbor's New Fence

    You got some very sound advice. Taking someone's land isn't all that easy. You've got to prove it in a court of law based upon the laws of adverse possession in your state. I know - I spent three plus years in legal purgatory with this stuff. One thing I can guarantee - no one really wins. So, don't go thinking a fence and ten years is all that it takes.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Neighbor's New Fence

    Quote Quoting BenT
    View Post
    You got some very sound advice. Taking someone's land isn't all that easy. You've got to prove it in a court of law based upon the laws of adverse possession in your state. I know - I spent three plus years in legal purgatory with this stuff. One thing I can guarantee - no one really wins. So, don't go thinking a fence and ten years is all that it takes.
    Assuming that he can still use his driveway...and anyone that he might sell the home to can still use the driveway. That is where it gets sticky.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor's Fence is on My Side of the Property Line

    My questions:
    1. what other questions/research should I do to confirm my suspicions that the neighbor forgave his right to the strip of land by building his prior fence and keeping in place for 10 or more years?
    what makes you think the owner of the fence offsetting it on his property any distance means he is relinquishing control of that are of his lot? He can set the fence on the line or 27 feet off the line. The land up to the property line is still his. You would have to meet the other requirements of adverse possession to be able to make a valid grab at the land. What you described in itself is not all that is needed to establish a valid claim for AP.


    2. Is there a time frame I need to act within if I decide to make a claim based on Adverse Possession?
    yes. I think 3 years but not certain.

  7. #7
    Join Date
    Jan 2014
    Posts
    2

    Default Re: Neighbor's Fence is on My Side of the Property Line

    Thanks everyone. I appreciate the feedback.

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