Legal Question in Real Estate Law in Missouri

Re: fence line dispute

Jason,

This sounds like a typical fence/boundary dispute that you need to confront before it goes too far. Unless the neighbor has an easement, 30 feet onto your proprty, there is no reason he should be clearing the land without your permission. As for the fence, you should reasonably be responsible for half the cost, but you also need to make sure it is where it should be, on the property line, or later any discrepency could come back to get you. The main thing to remember, this is land, everything has to be in writing to make it legal and proper, NO hand shake deals. Any rights you give up or acquire need to be put into a properly formated document and recorded in the county land records. This likley where you will need the assistance or advice of an attorney. Please feel free to contact me directly with any specific questions.

Re: fence line dispute

From my knowledge of the law, I would say that your neighbor is trespassing on your property. He has absolutely no right to cut down trees or brush on your side of the property line as you say he has been doing. In fact, there is a statute that provides for treble damages in cases where someone trespasses and cuts down trees. Regarding the fence, I suppose that you might be able to negotiate an agreement with the neighbor, but generally speaking, if he wants to put up a fence on his property inside the property line, he can do so at his own expense.