Legal Question in Real Estate Law in Missouri

My family has owned a 60 acre land-locked farm for 87 years with an easement into our property. There is no record on any of the four deeds to the property of an easement. My family has had sole use of the easement and it is gated with lock and key that nobody has access to other than my family. Do I have an adverse possession claim?


Asked on 7/06/11, 10:46 am

1 Answer from Attorneys
Anthony Smith LawSmith

The answer is a qualified "Maybe."

It appears thta you woudl meet the period of years criteria. But, Adverse may be at issue. If yrou family was given permission to use the easement, than it never was adverse. The law does not usualy allow someon to turn a loan into ownership. You may not find out until you sue to quiet title to that portion of the other owner's land. If you win, then you wil own the land. IF nt, then you coudl lose the easement, as it appears that you coudl possible get to the land fthrugh someone's property. For that reason, you might try to buy that portion of land. Before you decide how to proceed, meet personally with an attorney in your area or the area of the farm. Allow them to read all the documents you have and ask you follow-up questions. If you make the offer to buy, you could hurt your case to quiet titel or make the adverse possession claim.

Good luck

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Answered on 7/06/11, 1:02 pm


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