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How to get my property back

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millerj

Junior Member
What is the name of your state? Missouri

I have 10 acres, part of which my neighbors fenced off 3 1/2 years ago. They fenced off my pond and also fenced off approximately 160' x 90' of my pasture that their livestock are grazing on. I have the original survey which was done when my ex and I bought the property 20 years ago which show the exact footage from point to point but the markers were removed by my ex and his girlfriend who yes, are my lovely neighbors! The fence they installed I was told was temporary but now they have put their property up for sale and are advertising 3 ponds, one of which is mine. How can I make them put the fence where it belongs? I have been asking verbally for them to do this for the last 2 years and 3 weeks ago sent a certified letter requesting they remove it or I would file what was known as a property encroachment lien but when I called the courthouse I was told the only thing I could do was file a quiet lien with which I would likely need an attorney. I haven't the money. Also if I remove the fencing myself, and any of their livestock got out and caused an accident, I was told it would be on me.
Is there anything I can do? Should I contact the realtor they have it listed with? Thank-you for you time-
Regards
millerj
 


divgradcurl

Senior Member
Your best bet is to get a current survey, give them time to remove the fence, then if they don't, have a contractor move the fence, then sue them for the cost of moving the fence.

Or, you could file a quiet title action on your own, if you were willing to spend some time in a law library learning how to do so. It will be easier to deal with things now, before the property gets sold.
 

ian_m

Junior Member
If the other property is for sale by a realtor, you may also want to take a survey to the realtor. The realtor might help low-key mediation if he thinks he might get in trouble selling when a property dispute has been brought to his attention.
 

FarmerJ

Senior Member
Realtors listings are worded in such a way that if there are any errors in the property description they are not responsible. So get that survey done and instead of just simple markers drive copper rods in along with regular pipe so that way the copper rods can be cut off and found if needed with metal detector. Would a realtor insist on correcting a listing when they were given a copy of a survey ? hard to say. If you fence it place the fence 2 or 3 inchs into your side of the property line then take pics of your work. BTW is it just plain barbed wire fencing ?
 
take your survery, go to a attorney, have them send a letter by RRR telling them to remove their fence off your property and give them 10 business days. If they do not comply, hire a company to do it and sue them for the amount. You can put a lein on the home and collect when it sells. let the real estate agent know what is happenning so that if it goes to court, you can testify that she was notified.
 

millerj

Junior Member
how to get my property back

I appreciate your input and to FarmerJ-it is an electric barb wire fence installed with T-posts. As I haven't the resources to hire a contractor to remove and reinstall the fence nor for an attorney, nor for a survey, contacting the realtor is at least a start to let him know their is a dispute. Other than that, sounds like I may be sol unless I pay.
 

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