Adverse possesion,nieghbors fence and my carport

[cmfriend]

Missouri, After purchasing my home,about a year later it was discovered that a portion of my carport was built on the neighbors lot. There is also a chainlink fence that was built buy the former owner of the nieghbors house. It is located about 2 feet from the property line on the nieghbors lot. Can I make a claim for adverse possesion for the strip of land on my side of the fence? The carport and fence are well over 10 years old and the neighbor new of the carport and fence situations. They moved in in 1999 and i have been here for 2 years.What is the name of your state?What is the name of your state?

 

[seniorjudge]

First of all, how do you know where the lot line is?

Did you get a BOUNDARY survey before you bought it?

Are you paying taxes on the disputed property?

From your post, it sounds like you're simply trespassing.

So, the best thing for you to do is get a boundary survey, get a title report from a title insurance company on your land and your neighbor's land, and then hire a lawyer.

 

[cristinalipan]

Adverse possession? Maybe easement by prescription?

Both adverse possession or easement by prescription start with a trespass. Basically, if it continues long enough, and the rightful owner has not objected, and knows about it, then it can become yours.

There is a time period on when the rightful owner can bring a claim (statue of limitations). Also, you cannot have been using the property with the owners permission, or else it doesn't count, and your neighbor still owns it.

You may or may not need to show that you were paying property tax.

Best way to handle this is to get a lawyer. They will know the laws that would apply. Or you can research on these possible solutions to see if they can apply to you.

 

[cmfriend]

survey question

I had a spot survey done when I purchased the property. I did not think there was a problem until the nieghbor stole a car battery off my carport and he told the police that my carport was on his property.After he said that, I had a line survey done and it said that my carport was encroaching on their lot 4tenths of a foot by 1tenth of a foot His property is a craphole and the county will not do anything to clean it up. I want to build a privacy fence to hide the view but can't get by the carport.

 

[Some Random Guy]

Both adverse possession or easement by prescription start with a trespass. Basically, if it continues long enough, and the rightful owner has not objected, and knows about it, then it can become yours.

Whoa! Adverse possession starts with the word "adverse", meaning that you are possessing it against the wishes of the current landowner. But as the OP has stated, the "neighbor [k]new of the carport and fence situations". As such, there is no adverse possession. The neighbor is merely being nice to you.

If you want the land, offer him a modest sum to purchase it. If you try to go the much more expensive route of adverse possession, then expect do see some cease and desist letters from the landowner telling you to remove your carport and fence from his property or they will remove it and bill you.

For adverse possession in Missouri, they require you prove the following items in court:
1. Open & Notorious Use: Viewable by owner
2. Continuous Use: Missouri requires 10 years
3. Actual Use: Like similar land is used in locality
4. Exclusive Use: No one else allowed on land
5. Hostile Use: Without the owner's permission

 

[seniorjudge]

...
Both adverse possession or easement by prescription start with a trespass. Basically, if it continues long enough, and the rightful owner has not objected, and knows about it, then it can become yours.
...

I just hate that when the last thousand years of common law are suddenly changed!

Tell me where I can look this up.

Gee...I need to read the newspaper more often!

 

[divgradcurl]

Whoa! Adverse possession starts with the word "adverse", meaning that you are possessing it against the wishes of the current landowner. But as the OP has stated, the "neighbor [k]new of the carport and fence situations". As such, there is no adverse possession. The neighbor is merely being nice to you.

True, but one minor point -- just because the other side knew of the encroachments and didn't do anything doesn't change whether or not the initial entry was hostile to the neighbor's rights. An entry can be hostile, the neighbor can essentially acquiesce, and the requirements for adverse possession met. Unless the neighbor does something to end the "hostility" of the entry -- such as grant a license or permission, or an easement -- a hostile entry doesn't change into a non-hostile entry.

I'm not saying that this is the case here -- it may very well not be -- but it takes some action by the true owner (either an attempt to oust the adverse possessor, or the grant of a license or permission) to change a hostile possession into a non-hostile possession. Merely knowing and doing nothing is exactly what gives the adverse possessor rights to the land!

 

[cristinalipan]

I just hate that when the last thousand years of common law are suddenly changed!

Tell me where I can look this up.

I'm a law student, it's from my property course. If you can find the Property casebook by Dukeminier somewhere, it has the information. I also noticed a lot of this is basically on Wikipedia. You can also check out findlaw.com they have some information as well.

Also, I was under the impression, from my lectures, that this does originate from the common law. I may be wrong in my interpretation, or my professor may be wrong, but my notes say this (regarding easement by prescription - similar to adverse possession): "They exist not because you're doing something wrong for so long that it becomes right, but really that this is a rule that always existed in history, even before the Normans. Some things weren't recorded properly, so that if you were doing something for so long, you had the right to do it permanently."