Legal Question in Real Estate Law in Missouri

Re: Stopping neighbor from using my roadway to get to his house

I. I don't know any law in your state. But there's a general rule in many states which I love to write about, so that's why I'm replying. In other words, you can't rely upon what I say but it might make interesting reading and it may help if you seek an attorney locally and you hear something similar from him.

II. Here's the law of adverse possession: a person who without your permission uses a piece of your property for more than 20 years continuously (or if there are interruptions, longer, which is called tacking on) ... gets to OWN that property! Not always, though. His use must be exclusive to get exclusive ownership. (But see item III below!) It must also be "open and notorious" -- not a secret, let us say. And it must be "hostile" which means, more or less, without your permission -- just doing it anyway. This is the hardest part for people to understand: a lot of people will get up on a stand and testify "I never liked them going across there" not realizing that by so doing they are helping to 'make' the hostile element.

III. The rules are pretty much the same for prescriptive easement, which is more or less adverse possession without the exclusivity. An easement (prescriptive or other) would allow the owner of that property rights to cross your land from now on. Except for exclusivity, the same requirements apply: 20 years, hostile, open and notorious, etc.

Can you prove that he contributed money? His paying money would probably be just like as if he paid rent. Believe it or not, under this doctrine of law (if it applies in your state), that means he would now have LESS rights to be on your property because he has destroyed the hostile element.

His testimony that he paid for upkeep would be perfect proof, if you can't come up with anything written to show, but yours may be enough unless he denies it and gets away with lying.

All that I wrote assumes that he has gone out and hired a lawyer to establish his rights ("to quiet title"). You want to get something written or signed by him now. Be the first one to get a lawyer. The lawyer could offer him a half-year's rent (for $10) but may also mention that he paid to help with upkeep to help establish ownership. I have no idea what the lawyer will do but get one who really has practiced that part of law because this is a very specialized, wierd area of law.

Good luck! Please send me a note when something has happened.