Legal Question in Real Estate Law in Missouri
Property Line
There was an old fence on my property that was built many years ago and could barely be seen. Some time after the fence was built there was an old roadbed outside the fence that was deeded to the then owners of my property. Before I bought the property the previous owner had begun to construct a new fence on the new property line as surveyed including the old roadbed. The boadering property owner is contesting the placement of the fence. He did not own his property when I bought my property or when the previous owner began to constuct the new fence. Could he force me to build the fence where it was or can I build it on the surveyed property line?
1 Answer from Attorneys
Re: Property Line
Assuming that you hold legal title to the "roadbed" and such title is not subject to any easements or rights-of-way of the adjoining landowner, you should be able to continue the fence. If adjoining landowner continues to protest I would recommend hiring an attorney to review the relevant documents and make a formal assessment of the strength of your position. Good luck. If I can be of assistance, do not hesitate to contact me.
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