Legal Question in Real Estate Law in Missouri

Two brothers split their house in such a way that one has the property in front and other on the rear with a small 3 feet passage leading to the rear. The total width of the property is only 12 feet. The length of the entire property is 100 feet. The front portion owner has 9 ft X 50 ft on lower floor and has built 12 ft X 50 ft on the top floor built.

The rear property owner has built some flats on the rear and has to enter through the 3 feet wide entrance that goes the length of 50 ft. The rear portion owner has full rights on the 50ft X 12 ft.

Now the rear property owner (brother) is threatening to bring down the wall supporting the top portion of the front portion owner. Is that legal ?

The only purpose of leaving the passage way of 3 ft X 50 ft was to allow access to the rear property owner. Now that the front brother has passed away and the rear brother has some bad company he wants to cause some trouble to his brother's son by threatening to bring down the side wall of the passage that is supporting the front property owner' top floor.

Please let me know.


Asked on 8/14/10, 11:15 am

1 Answer from Attorneys
Anthony Smith LawSmith

This type of property dispute is intricate enough that it does not lend itself well to a specific answer in this forum. Generally, one may not alter the proprety of another property owner. If the nephew owns the 9 x 50 portion, the uncle probably cannot alter the existing structural supports in the common area. How the property is divided on paper, when the structural supports were installed, and what other opportunities the uncle has to get to and from his property, effect the determination as to whether the supports can be removed by the uncle, ar at his insistance. Consult direclty with an attorney who can examine the documents and ask follow-up questions of you or others. Many attorneys offer a free or low cost initial consultation.

Good luck

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Answered on 8/19/10, 3:03 pm


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