My question involves real estate located in the State of: Missouri
Neighbor has survey and neighbor and I watch surveyor mark property line 1 1/2 feet out from my foundation on old victorian house.
Neighbor digs 3' deep hole against my foundation and pours cement for first support post of fence and continues to build 40' fence from my house to alley on my property. I tell him to stop, he says pound sand. I go to City, he has permit to build it on his 30' wide lot, but now created a 32' wide yard which includes my property. City refuses to come out though permit says "we inspect work". I make stink, City comes out and says he has 32' wide yard and is in violation of permit, will stop work. Bldg Dept guy types stop work order, gives to City Atty who says has no authority to stop work--it's civil matter.
I go to police to file report--civil matter. I go to City Atty--civil matter. Call 4 civil and real estate attorneys, say don't do little fence disputes. I go to neighbor, tell him I'm going to remove, says will remove himself, 2 weeks go by, doesn't. Send certified letter, not accepted. Hire contractor, neighbor says will have arrested.
2 weeks later I saw fence posts at base, lay panels on his yard. Neighbor buys brackets, puts fence posts and sections back up by bracketing onto stubs I left above cement footings! Police come two days later and cite me for "destruction of private property". I may be guilty of that code violation.
Neighbor committed two class B misdemeanors by giving false information to police officer saying he owns land under fence and "'invited reliance by a police officer on a boundary mark he knows to be false to implicate me in a crime".
Neighbor committed class A misdemeanor by illegally placing a surveyor's mark in cement next to my garage for purpose of taking my property (drilled hole, made chisel marks and painted to fake). Surveyor called, didn't mark cement, said illegal for neighbor to have done).
Neighbor committed class C misdemeanor by trespassing on my property to build the fence, continues to deprive me of use or access to my property.
Committed a class D felony damaging real property by digging against my tired, old brick foundation with loose chinking and pouring cement in, added fill dirt to change the grade on my property that allows rain runoff downhill into my basement. Police won't take report because already charged me based on neighbor statement. Will have to subpoena to my court date.
Surveyor required by Statute to provide copy of his notes to anyone who requires it but won't give me copy or let me pay for him to re-visit his survey (charged neighbor $450) because "neighbor is his client", not me. Two other surveyors want $1200 and $1700. Will subpoena surveyor to my court date.
Supreme Court type question: does property that has been permanently affixed by one person to another's land remain the private property of the one? OR Does property that has been permanently affixed to someone else's land cease to be the property of another?
Technicality question: If two property owners agree on the property boundary (as we do), but one purposely builds on the other's property anyway, is it a boundary dispute (civil matter) or a "stupid criminal" matter?
Real World question: what the heck do I do now? I'm starting to think a judge could be as wacko as all except the City Bldg Dept guy and make me pay to build him a new fence on his own property. Any help appreciated, Thank You