Legal Question in Real Estate Law in Missouri

Fence Line problem

I will try to be as succinct as possible. My farm borders to the south on 3 other properties along one side. I purchased this farm in 1994 and have never re-worked the existing fencelines.

One of the 3 neighbors has now suddenly come up with a survey that shows that he owns the pond on my side of the fence and if I do not move the fence immediately he will sue us next week or he will cut down the existing fence and turn my cattle loose! My other 2 neighbors have lived on their properties for approx. 30 years each and say the pond has always belonged to our property. What recourse do I have, if any? my survey does show what could be enough of an indentation and could put all or part of the pond on his side, but again after 30+ years can he suddenly legally do this?


Asked on 7/18/05, 5:56 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Fence Line problem

This is a situation of adverse possession. If the survey shows the property to be on your neighbor's land, they may have lost their right to enforce it. You need to send your neighbor aletter (better yet have an attonrey do it) to say that you forbid them from tampering with the fence, but will consider any purchase offer they make to you. If they take you to court, that is when you allege that it has been adversely possessed by you and your predecessors. You will need to contact an attorney in your area to here all the facts you did not have space to provide here, and give you more specific advice. You will also need them to represent your interests in Court.

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Answered on 7/28/05, 4:47 pm


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