Legal Question in Real Estate Law in Missouri
Fence and Land Dispute
We have currently had a Boundry Survey completed only to find out that we actualy have 5 1/2 feet into our 'neighbors' grass. There is a fence that has been there at least 8 years. Our neighbors have only lived there for 6 months longer than us. I want to make sure that this fence isn't grandfathered in as his. As well as the 200 square feet that the Boundry Survey shows as our land.
1 Answer from Attorneys
Re: Fence and Land Dispute
You can either move the fence to the boundary line, or let it set another seven years, and the land will for most purposes be yours. To do the second option, you must always treat the land as land you intend to someday own. Take care of it, trim around the fence, perhaps put "no trespassing" or "no hunting" sign on the outside of the fence facing toward your neighbor. This could later be used as evidence of "adverse possession" should the neighbor sue to push you off that portion of land. The simpler third option is to buy that piece of land from your neighbor.
Good Luck