Legal Question in Real Estate Law in Missouri
I have owned my home for 8 years now and the backyard is fenced. I put a new fence in on the existing fence line back in '07. My neighbor recently had a stake survey done that says the fence is 2-4 feet on his property and wants to move it. Furthermore, he wants me to pay for half the expense to move it. Is this property still his when I've been maintaining it for so many years, and if so, am I obligated to pay to have it moved?
1 Answer from Attorneys
Have you had the land surveyed? I would suggest getting your own survey before agreeing to anything. If your survey shows that you are correct, I would send the neighbor a copy of the survey with a 'lawyer letter' setting out your legal position. If your survey shows encroachment, then I would argue for adverse possession. However, courts do not favor adverse possession, and there is some question as to what extent your possession was actually adverse.
Feel free to contact me if you want to explore this in more detail.
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