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Enforcing court judgment to quiet title/adverse possession

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danggoods

Junior Member
What is the name of your state (only U.S. law)? Missouri
Thank you for your interest.
I filed suit against my neighbors to remove encroachments they placed within a 20 ft. wide strip of land for roadway purposes upon which they have recorded easement rights for ingress and egress only. Encroachments consist of a 3 ft tall block retaining wall 5 ft perpendicular into the 20 foot strip, a drive way 5 ft and another driveway 7 ft and a tree and HUGH bush. After 2 and a half years, and a gazillian dollars in legal expenses I received a favorable ruling in St Louis County Court (Thank you Judge!) that clears my title and defendants are ordered to remove there prop. from mine and pay my costs.
Problem: They court order was 5 months ago and nothing has been removed. So now what can I do? My lawyer is very successful and busy and he nailed my case and no longer seems concerned ( He is a brilliant lawyer!). I think this just drags out the filing of more motions to enforce and continually run up my already astronomical legal bill to simply enforce my rights as the prop. owner after the presiding Judge has issued an ORDER! After all, the neighbors have been defiant/resistant to my prop rights so it only follows they ignore the court judgement.
Question: Can I rent a bobcat and jackhammer and remove these encroachments and essentially insure it is done right (at the prop line) OR do I have to keep playing along with their deliberat game of "make her pay" with the legal fees?
I have been living the neighbor nightmare you all talk about so often on this website. The police have been called out so often I know them by name. They know whats going on. These defendants have done the most horrible things to me...I was diagnosed with cancer last year, (non-Hodgkins Lymphoma, treatable but not curable), did Chemo, lost my hair so I wore a bandana all the time. EVERY time I drove past these 2 neighbors they ran their fingers through their hair and smiled. Evil...How can I stop the delays????
 


justalayman

Senior Member
defendants are ordered to remove there prop. from mine and pay my costs.
the proper action would be to seek to have the neighbor held in contempt for failing to act as directed.

other than that, and if it were me, I would remove the stuff and send them a bill. the court has already ruled for you.

the problem with doing it yourself is if you go to far or damage their property, they have a claim against you.
 

danggoods

Junior Member
What are the chances I could collect on a bill for removal? Im thinking zero. These neighbors feel entitled to build on my prop without the owners push-back! I can pursue contempt of a court order in this matter for refusal to comply but it may cost me considerably less, based on legal fees to date, to just clear it out on my own (bulldozer)! The difference being, file a request with the court for " rents and profits" at a rate of, lets say, 10$ p/d since jugdment back on 11/30/09 (150 ; free money) my attorneys work product; but my "work-product" with a back-hoe is on the 25 p/h range.
Even if I request rents and profits at 10$ p/d and pay, compensation for expenses because my attorney, bless his heart, bills me 255 p/h and I can remove all the encroachments myself way cheaper than a contractor and then its done right, for sure... I want progress. Im done dealing with neighbors who have NO integrety, blatently steal, or try to, YOUR PROPERTY! How can I make sure the situation says I am acting in good faith and acting as an owner would since a court order exists.
Can I plow out the idiot neighbor encroachments since the court order says its mine?
 

justalayman

Senior Member
the best I can say is be very cautious about damaging the neighbors property. While a judge could ignore minor damage given the situation, anything that appears to be intentional could very well cost you. Courts don't tend to like self help but since you do have the order, I would not be as concerned as without it.

It's always a gamble.

as to ever recovering the costs; I wouldn't expect it but if you want to be bullish about this, you could sue for the damages so the neighbor has a judgement on his credit record if you win. They don't always show up though.
 

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