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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????
 


JETX

Senior Member
They court order was 5 months ago and nothing has been removed. So now what can I do?
You now get the excitement of pursuing 'show cause', contempt', etc. processes.

The decision by the court simply gives you power to force them to comply.

And yes, though you could attempt to pursue these processes on your own, you will be best served to have an attorney. The court order should include your ability to pass the costs on to the 'neighbor'.
 

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