Legal Question in Real Estate Law in Missouri

The Road right of way is 40 feet in front of my house. The nieghbor has ten feet of the 40 ft roadway fenced in. So his fence is 30 ft from my property line. I damaged his fence while grading the gravel road and he called the police and i spent 24 hours in the county jail without being told i was under arrest and without being read my rights. I explained to the police that this fence is in the road right of way and not on the neighbors land. Neighbor fixed the fence in less than an hour with no new components bought. I put two fence post by the fence since the old wood ones were rotted off at the ground anyway and fence barely standing.

The neighbor puts purple paint on the post the next day. I painted the tops of the fencepost white again in front of my house so they can be seen better at night. The neighbor called the police again and police threatened to take me to jail for painting the rusty fence post white on top.

On my birthday i got a summons in the mail with property damage charges for painting the tops of the fencepost white. I diod it for safety reasons. My mom is 80 and needs to see the fence when coming home if it`s dark. The neighbors fence is on the community owned road right of way owned by the subdivision in which there are 4 property owners . His land is not in the subdivision. He says he owns to the center of the road. My plot diagram shows a 40 ft road right of way in front of my house making the fence 10 feet in the roadway. The road is one lane and needs widened.

I need some advise on how to handle my day in court and how to prove myself on the property line issue in which i do have the paperwork to prove.

What should i do ? Thanks !


Asked on 8/10/10, 12:09 am

1 Answer from Attorneys

Anthony Smith LawSmith

It sounds like you might be up to date on the facts of your case. But, you should probably consult directly with an attorney before you go to court. You might not need them to represent you at court, but you do need them to look at your evidence before you try to represnet yourself in the case.

Good luck

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Answered on 8/16/10, 9:55 am


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