Posted: 11/11/2010 3:49:55 PM EDT
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I recently purchased two lots of land in St. Louis city with the intention of building a home for myself. The two lots were combined into one lot. The survey company discovered that the neighbors fence and carport are partially on my new lot. They are currently about 1ft over the lot line.
I purchased the two vacant lots from the city (two separate city entities owned the lots). The encroachment onto my lot does not alter my plans or propose any real problems for me. I have no desire to stir up a hornets nest but I would like to ensure that my property does not become my neighbors. What steps should I take? -Chris |
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I'm not a lawyer but I would first tell them informally what you've discovered. Explain that they can either move the items or buy the bit of land they sit on. Offer to share the surveyor's report. Tell them you'll follow up the conversation with a letter documenting your conversation. Send it return receipt requested.
If the carport doesn't have a concrete pad, they should be able to move it. As for the fence, you might talk them into signing a letter giving you possession (essentially you do own it anyway). Whether you should compensate them for it is up to you. Essentially you are asserting your rights to the property, thereby stopping (or thwarting) any adverse possession claims. I would guess that any money you would get for the land would be better than any money you'd put out to defend yourself. So don't get greedy. Hopefully, they will be reasonable. If they aren't, the city building dept may be able to help. |
| You need to check MO state law; but another avenue to halt adverse possession claims is to enter into a mutual easement agreement. You basically draw up a form saying that you allow them to have their fence and carport and they sign it. Since their possession is not open and hostile, it takes away one of the major elements necessary to assert adverse possession. I would definitely talk to a local lawyer about the easement though so you can maintain as much control as possible over it. |
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Quoted:
You need to check MO state law; but another avenue to halt adverse possession claims is to enter into a mutual easement agreement. You basically draw up a form saying that you allow them to have their fence and carport and they sign it. Since their possession is not open and hostile, it takes away one of the major elements necessary to assert adverse possession. I would definitely talk to a local lawyer about the easement though so you can maintain as much control as possible over it. I don't know if this is possible, but you could have your lawyer draw up the easement with the stipulation that the easement is only in place while the existing fence or carport is in place, that when they are replaced, or destroyed, the easement is dissolved and use of the land is rescinded. Also, something about the easement is only valid to the existing landowners and is not transferable to subsequent owners. Like I said, I don't know if this is possible in MO, but some limits should be set so that it isn't an open ended situation. |
| Definitely need to check within your state the laws vary greatly. In some states if the land is unused and someone else begins using it without protest it becomes theirs after a period of time.I'd look into it myself and then get a lawyer if needed. Good luck I'm curious to see the outcome, keep us informed. |