Legal Question in Real Estate Law in Missouri

Re: Property Line Dispute.

Yes- you have three options. First; make demand that they mover their fence, or inform them that you are moving it in the process of putting your fence on the property line. You only have ten years (and possibly less) in which to do this.

Second; sell the five feet of land to them. or third; give them written permission to use that portion of your land, until you give them further notice. This may prevent the adverse possession phenomena that you referred to. To adversely possess your land, (and later gain title to it), they would have to show that they did it without your permission. If you are not set on putting up the longest fence possible, the third option may be the simplest, since it requires the neighbor to do nothing. I don't think they even have to agree that you own those five feet.

You should check your home association rules too, before deciding upon an option. If you partake of option one or three, without the assistance of an attorney, you may be setting yourself up for liability to your neighbor, and/or loss of your property.

Good Luck,