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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default Driveway Easement and Fencing

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

    I am living next to some "wonderful" neighbors and would like to put a fence up on my property line. There are two Issues. One: There is a round-a-bout driveway that separates our properties and loops around my house in a "U" shape. By putting a fence up, I would sever the round-a-bout capability of the driveway.

    HOWEVER, the fence would NOT block their access to their property. The second issue is that these "fine" neighbors have taken liberty to tell us their property line runs at least 25 foot angled onto the rear corner of our property.
    Thus making one of the rectangles misshapen.

    I have gone to the Deed office as well as the courthouse and all of the maps I have viewed show two PERFECT rectangles, not two misshapen. I really don't feel like having a lifelong battle and wondered what some options or views were. I also talked to the county Prosecutor and they stated "You can put a fence up and wait until they tear it down." Seriously, we vote you in for this?

    Help Please.

  2. #2
    Join Date
    Jun 2009
    Location
    Houston, Texas
    Posts
    75

    Default Re: Driveway Easement/Fencing

    Red00Shift

    You seem uncertain as to the boundary location. You say you know a fence along the boundary would cross your existing drive yet you report that your neighbor is telling you the boundary is 25' angled into your property.

    Do you have a survey of your property? If so I would track down the surveyor who performed it and get them to remark the boundary corners. If you do not have a survey of your property then my advice would be to have one performed.

    You can make your decisions based on those results. If part of your existing drive is over the boundary line you may have a case for a prescriptive easement depending on the facts of the situation.

  3. #3
    Join Date
    Jul 2009
    Posts
    2

    Default Re: Driveway Easement/Fencing

    Yes, Sorry about that. My landlord states that the property line runs in-line with the driveway separating our properties.

    My property has the portion of the drive that loops around the rear of my house. As I said, I believe Law states I cannot block access to their property. However, even building a fence blocking the drive behind my house in NO WAY bars ANY access to their property.

    Basically My tract is a Rectangle with a "U" shape in it. 90% of the drive is on me, with the remaining ten or so being their drive way. By Putting the fence up, I will be turning the "U" into a "J" of sorts. I can provide pics if needed.

  4. #4

    Default Re: Driveway Easement/Fencing

    If you're not the property owner then you can't put up a fence, and you have no basis to dispute anything with the neighbors. This is your Landlord's battle.

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