What is the name of your state? Missouri
I will try to condense this as much as possible. My father owns approximately 40 acres. There is a driveway seperating his property from that of the neighbors up to a point then past that point my dad is an entire section - township - range and the neighbors are all that "part" of the adjoining section.
We have not fenced in the entire property for 2 reasons, 1 that would prevent the neighbors from being able to use our drive to access their property, although there no is no legal recorded easement they and the prior owners have used the shared drive as their access, also my dad has a gate at the end of the drive to access the back portion of his property. We KNOW that this section of property belongs to my dad. It is along the section line and I work at a Title Company so I am very familiar with how to read a legal description. The neighbors put haybales on our unfenced portion. My dad said to move them they have refused. My dad put his pick up there and they had the pick up towed claiming it was their property and now they have gated it and put up no trespassing signs. The time period for adverse possession hasnt happened, yet we are told by the cops we cant enter our property unless we go to court cause the neighbors put up no tresspassing. IF my parents get arrested for trespassing on their own property can this go to court? How do we fight their attempt at adverse possession if we cant go on our own property to fight it? Is removing their gates illegal if we can prove via a survey, assessors maps, and deeds that the propery actually belongs to us?
i have included a link http://pg.photos.yahoo.com/ph/rowann3/album?.dir=/e622 to a rough drawing of the disputed property if it helps
I will try to condense this as much as possible. My father owns approximately 40 acres. There is a driveway seperating his property from that of the neighbors up to a point then past that point my dad is an entire section - township - range and the neighbors are all that "part" of the adjoining section.
We have not fenced in the entire property for 2 reasons, 1 that would prevent the neighbors from being able to use our drive to access their property, although there no is no legal recorded easement they and the prior owners have used the shared drive as their access, also my dad has a gate at the end of the drive to access the back portion of his property. We KNOW that this section of property belongs to my dad. It is along the section line and I work at a Title Company so I am very familiar with how to read a legal description. The neighbors put haybales on our unfenced portion. My dad said to move them they have refused. My dad put his pick up there and they had the pick up towed claiming it was their property and now they have gated it and put up no trespassing signs. The time period for adverse possession hasnt happened, yet we are told by the cops we cant enter our property unless we go to court cause the neighbors put up no tresspassing. IF my parents get arrested for trespassing on their own property can this go to court? How do we fight their attempt at adverse possession if we cant go on our own property to fight it? Is removing their gates illegal if we can prove via a survey, assessors maps, and deeds that the propery actually belongs to us?
i have included a link http://pg.photos.yahoo.com/ph/rowann3/album?.dir=/e622 to a rough drawing of the disputed property if it helps
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