Legal Question in Real Estate Law in Missouri

Land Dispute

We have been cutting about 80 sq. feet of land in our front yard for 20 years, because our neighbor planted without permission on about 80 sq. ft. in our back yard! Now she's mad that we reported that she verbally and mentally abuses her Alz.. husband, so she says we better not cut her grass anymore and there is no way that she is restoring our yard to us. Haven't we cut it long enough with permission, that legally or by common law it is ours?

Thanks!


Asked on 4/15/01, 7:17 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Land Dispute

No. I believe that you might be thinking of a legal theory that we call "adverse possession". If so, the fact that you and your neighbor both acknowledge the land in front of your property to be hers would defeat your claim to own the property by adverse possession. In order to succeed upon such a claim you must possess the property openly, notoriously, hostily and under a claim of right. In other words you have to hold the property as if you owned it even against the actual owner of record. For a more specific response it would be necessary for me to research the statute and case law, so you should not consider this response as "legal advice". However, if you are not represented by another attorney and would like to obtain an opinion letter providing such legal advice I would be happy to provide one for a modest fee. You may call me at 314-727-2822 for a free telephone consultation if you desire.

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Answered on 6/09/01, 5:37 pm


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