I am putting a privacy fence up in my back yard right next to existing fence, question about adverse possesion

Question

The existing neighbors fence has been there 20+ years and he claims to own a few feet on my side of the fence and said if I put new fence up next to his I would be encroaching on his property and would have to move it. Getting a survey would cost more than the fence itself so I dont want to do that if possible. Could I use adverse posseion law because I have been maintaining this disputed area for 20 + years? If so do I need to file any kind of paperwork for adverse possesion / squatters rights and is that going to be an expense just like a survey? I live in Missouri, and it is a 10 year period for occupying land. Were talking about a 1-2 foot strip of land about ~75 feet long BTW.

Answer 1

Most adverse possesion statutes require that you pay the expenses of ownership of the claimed property during your period of possession. Specifically, this includes paying the property taxes for that strip of land.

In addition, most states require some sort of abandonment by the owner. Your neighbor has claimed all along that it is his property.

Your adverse possession claim is probably a nonstarter, but if you really want this fight, see a lawyer. You have to file a lawsuit to make your claim.

Establishing your adverse possession claim is not cheap and will also cost more than the fence itself. As other posters have said--try to work it out with your neighbor.

Answer 2

Why don't you do like everybody else pay your neighbor for half that fence and tie in to his fence. That is reason neighbors don't get along, people like you. I own 3 lots , I put fenced around part of it , my neighbor uses my fence and part of my property , they keep it cut and take care of it. I don't need it, they haven't offered to pay for half of my fence either, but it doesn't hurt me. When and if I sell then it has already been surveyed and I have a iron small post in the ground that shows my property lines that the surveyors put in the ground. I can't understand why anyone that doesn't need that land just really city blocked would lose a good neighbor over a few feet of land

Answer 3

Why do it the hard way.
Ask your neighbor to come over for a cup of coffee. Talk to him , ask why he has any objections. . Why not try to work something out, the two of you, before you
start getting carried away with legal matters and all sorts of paperwork. Convince him this shouldn't be any sweat off his back, and maybe once you convince him you'
are a reasonable guy he might try to be a reasonable guy himself.
.