Retaining wall slightly on my property

[kfowler57]

Missouri.
It turns out, via survey, my neighbor's retaining wall is three feet on my property. Unknown to all neighbors, the property lines were further east (a rural area outside city limits). I'm putting up a fence because I'm afraid this greedy neigbor will go for adverse possession of that three feet of my property when 10 years is up. He did take care of it until we found out the true lines. Can I be held financially liable for the money he spent on the retaining wall that ended up on my property?

 

[HomeGuru]

Missouri.
It turns out, via survey, my neighbor's retaining wall is three feet on my property. Unknown to all neighbors, the property lines were further east (a rural area outside city limits). I'm putting up a fence because I'm afraid this greedy neigbor will go for adverse possession of that three feet of my property when 10 years is up. He did take care of it until we found out the true lines. Can I be held financially liable for the money he spent on the retaining wall that ended up on my property?

**A: No but tell the neighbor to either remove the wall or sign an encroachment agreement.
Hire an attorney to make sure everything is done properly.

 

[kfowler57]

encroachment agreement

Thanks Home Guru. I think I understand the concept of the encroachment agreement and to hire a lawyer, but what happens if the neighbor refuses to sign the agreement, as I suspect he will? (Missouri)

 

[HomeGuru]

Re: encroachment agreement

Thanks Home Guru. I think I understand the concept of the encroachment agreement and to hire a lawyer, but what happens if the neighbor refuses to sign the agreement, as I suspect he will? (Missouri)

**A: what did my post say?
If neighbor refuses to sign, demand that he remove the wall from your property.