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An old fence line being disputed as a property line

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Navy_Phil

Junior Member
What is the name of your state (only U.S. law)? Missouri
My wife is in a lease/purchase of a farm in Missouri. She has been involved with long and on-going legal wranglings with our northern neighbor. The latest issue is that as part of an easement dispute, she had part of the land surveyed. The neighbor now claims that the old fence line which has been in the ground as the undisputed property line for about 17 years is actually on his land and he wants it removed immediately. My two questions are:
1) with the fence as the undisputed property line and the land having be refinanced with this fence as the accepted boundry, has the statute of limitations as a grandfathered accepted boundry passed the point of contestation? 2) Does my wife now possess a portion of his land (should we eventually wind up in court) through adverse possession? I'd really appreciate some ideas AND I have tried talking and attempting to negotiate with this individual, but I'm not getting anywhere and unfortunately I think it's time to lawyer up.
 


justalayman

Senior Member
all an adverse possession claim is without going to court is a claim. It requires a court's action to actually be given title.

From what I could find, an AP claim takes 10 years of adverse possession.


The problem I see: I am not sure your wife has any standing to make the claim. Unless she it the title holder of the property, she doesn't. I would suggest speaking with that lawyer about her standing.


Other than that, realize that an AP suit can be very expensive unless the other party simply rolls over and accepts it.
 

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