Legal Question in Real Estate Law in Missouri
Property Dispute
We are attempting to sell a house and 8 acres of our 40 acres. We had the 40 acres surveyed and divided in July, 2006. In checking the plat book at the courthouse, we find that it shows someone else owns 400 feet of our property. Our neighbor (who still lives here), sold 10 acres of his land to this person in 1970. My parents bought the 40 acres in question in 1987. Then they signed it over to me in 1989. The house and barn have been on this property for 50 years. The 400 feet involves the land that the barn, shed, driveway, and electric pole are on. It ends about 10 feet from the house. We believe that this was a typographical error in the legal description, but aren't sure. Will this require a court order to get the deed corrected? What steps should we take? I'm sure we need a lawyet?? Thank you.
2 Answers from Attorneys
Re: Property Dispute
the resolution of your problem could be simple or complex depending upon whether your neighbor is willing to cooperate in a solution. If the present titleowner of record is willing to execute a corrective deed, all you need do is have the 400 ft tract surveyed for a legal description and have a deed prepared to be executed by neighbors conveying property back to you. However, if they are not enthusiastic about that you may have to bring a quiet title action based upon either a mistake in prior conveyance or adverse possession. Please contact me if you would like help in resolution.
Re: Property Dispute
You will probably need to file a quiet title action to sort this out. You may have a cause for adverse possession depending on some other facts. Sometimes 40 acres isn't exactly 40 acres. It could be 38 or 39.1 or more than 40. I suggest you contact an attorney to review the deeds to the respective parties, any maps and surveys, as well as the County tax rolls.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
