Legal Question in Real Estate Law in Missouri

I would like to know if there is a timeframe or limitation for cases involving property. I seem to remember criminals have the right to a speedy trial. What about regular old citizens? We have been drug into court by our neighbors. They have a TRO to keep up from erecting a fence or cutting trees on our property. We had a survey and even filed all of the necessary paperwork with our Association. Our property's share a private road with a 20' easement. Their house is build about 15 feet from the road and actually their carport and half of the garage is on the easement. The previous owner of our home didn't live there and the neighbors kind of took over our side of the easement. When we moved it we applied to our association to erect a fence and cut down some trees for our horses. Long story shorter we have had a TRO in place since July 2011, had several trial dates and each time there seems to be another reason this can not proceed. The neighbors are trying to sell the place and they keep posting pictures of the property that make it look like our side lot belongs to that house. I would really just love for them to sell the house, but now I'm not sure if our dispute will even be settled when they no longer own it. They have an axe to grind apparently. Our new trial is not even scheduled until Feb 2012!!!!


Asked on 11/29/11, 9:24 am

1 Answer from Attorneys
Anthony Smith LawSmith

The timneliness of the case is an issue to take up with your attorney. If you have elected to go Pro Se (without an attorney) that might explain why the case is dragging. You can send Discovery requests to the other side, to try to get the matter settled prior to trial. If their repsonses to not suppro tcontinuation of the case, then you can fiel amotion to Dismiss or Motion for Summary Judgmetn. If a trial date has been set, then a date after whioch you cannot file a dispositive motion may have been set as well. Ask your attorney if you can and should file a dispositive motion?

Good luck

Good luck

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Answered on 11/29/11, 11:23 am


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