Legal Question in Real Estate Law in Missouri

Fence dispute with neighbor

I put up a fence behind my home in 1998. My neighbor claimed it was on his property. I have survey showing it to be wholly on my property with 2 inches on the other side also belonging to me. Recently, the neighbor started trimming the grass on his side of my fence, even after I have trimmed it. Sometimes on the same day. I have informed my neighbor that I don't want him trimming or otherwise maintaining my fence or the 2 inches of property on the other side. If he continues to do so, what are my options to get him to stop? Do the police have to be called? Are there other alternatives? My neighbor has proven to be very aggressive in regards to property line issues with me, otherwise I would just chalk it up to ''who cares?'' He still claims to own that side of my fence, regardless of the survey, as recenlty as last week. I have ignored many transgressions in the name of neighborhood harmony (far too numerous to list here,) but after 9 years, suffice to sat that the gloves are off on this issue. Any advice would be appreciated.


Asked on 8/15/06, 2:21 pm

1 Answer from Attorneys
Bryan Lade None

Re: Fence dispute with neighbor

Fence and boundary disputes are common and troublesome. As you have already seen, troublesome neighbors are not easily convinced. If your survey is accurate, then the legal advantage is in your favor.

My best advice is to keep the peace as best as possible. However, if he continues to trim along the fence, or other related activity, you may need to issue a formal written notice that he does not have permission to do so, and that further action on his part will be considered trespassing. Putting this in writing protects you agianst claims of adverse possession, and he will be on notice of trespass. Keep in mind though, that you will need access to you 2 inch strip by going on his property. This will be difficult if you tell him not to trespass on your land. You have no right to go on his land, and he could take action against you for trespass as well.

I would not involve the police for a criminal trespass, but document, get witnesses, take photos, etc., when he does trespass, and if necessary you can sue him for trespass in court.

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Answered on 8/15/06, 2:44 pm


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