Boundary Dispute, Missouri

[kvonbruno]

Jurisdiction

Missouri

I've been looking to buy land for retirement. A piece recently came up for sale. It was originally part of a larger tract. The owner hired a surveyor to come and separate the land with two new legal descriptions and individual records in 2025. When this was done he found that a neighbor at the other end of his acreage had encroached when the fence at the back had apparently come down from a storm. While there with the surveyor the tenant leasing the neighbor's property came out and said they were trespassing and called the police. The police came and told them they were not the owners of the property and your neighbor is literally with a surveyor. The new legal surveyor list the encroachment. He called the owner and he got mean about it and nothing else has been done. I know that a Cease and Desist letter can be sent and then after the time specified file in small claims court. Does me purchasing the property change any of that? Do I also include the tenant? The encroachment is several small things. A shed, dog kennel, etc.

 

[adjusterjack]

Forget about small claims court. According to the MO state Bar's Small Claims Court Handbook "You can only file a claim in small claims court against someone who owes you money."

https://www.lsmo.org/sites/lsmo.org/files/Small-claims-handbook-2021.pdf

You cannot use small claims court for injunctive relief, boundary disputes, quiet title, easements, or adverse possession.

You buy the property as is and you inherit the problem and will have to hire a lawyer and litigate in regular court. You should consult a real estate attorney and get an idea how much that kind of lawsuit is likely to cost you. I'm guessing tens of thousands of dollars.

If you decide to take on the problem make sure the price of the land is lowered commensurably.

Or just walk away and buy somewhere else.

 

[zddoodah]

The new legal surveyor list the encroachment.

I'm not really sure what this means.

Does me purchasing the property change any of that?

No....

Do I also include the tenant?

Include the tenant in what?

If you're thinking that you'll buy the property without the encroachment issue unresolved, you certainly can do that, but I'd ask for a discount and would consult with a local real property attorney first. I doubt very much that this would be appropriate for resolution through small claims court. If it were me, I wouldn't go through with the purchase of property that has a known issue like this.

 

[kvonbruno]

Forget about small claims court. According to the MO state Bar's Small Claims Court Handbook "You can only file a claim in small claims court against someone who owes you money."

https://www.lsmo.org/sites/lsmo.org/files/Small-claims-handbook-2021.pdf

You cannot use small claims court for injunctive relief, boundary disputes, quiet title, easements, or adverse possession.

You buy the property as is and you inherit the problem and will have to hire a lawyer and litigate in regular court. You should consult a real estate attorney and get an idea how much that kind of lawsuit is likely to cost you. I'm guessing tens of thousands of dollars.

If you decide to take on the problem make sure the price of the land is lowered commensurably.

Or just walk away and buy somewhere else.

It was lowered considerably. I'm attaching a survey. The worst is I build a fence directly behind and around each item from one corner to the other.

 

[adjusterjack]

Let's talk practical, not legal advice.

If you put up a straight fence across at 43' you'd give up about 1/3 of an acre out of 14.5 acres. 43x314=13502 sf.

If you put up a straight fence across at 22' you'd give up about 1/6 of an acre out of 14.5 acres. 22x314=6908 sf.

And you're not giving up any of the highway frontage.

I suppose that wouldn't be too hard to take. Though, down the line, if a buyer needed a lender there would likely be a problem. Selling for cash, maybe not.

What is the asking price for the property? How long has it been on the market? Other buyers competing for it? Water, sewer, electric available?

In other words, is it a good deal for you if you bought it as is for the asking price without resolving the encroachment? Only you can answer that question.

 

[kvonbruno]

It is for me. Though I want to put up a fence and at least try to recover the area as per the survey for later down the road. Even if I didn't I would put a fence immediately behind with no trespassing down the line. The entire property is posted.

 

[adjusterjack]

Study up on adverse possession. That neighbor may already have a claim for it. Do a search for How to Prevent Adverse Possession.

 

[Red Kayak]

It is for me. Though I want to put up a fence and at least try to recover the area as per the survey for later down the road. Even if I didn't I would put a fence immediately behind with no trespassing down the line. The entire property is posted.

Use your favorite search engine and search the following subjects:
1) encroachments an remedies in Missouri, and
2) adverse possession Missouri.

This is not a case of a misplaced fence. There are multiple structures. The current owner would prefer to reduce the price rather than remedy the problem before sale. What that should tell you is that the current owner doesn't see a quick/easy/inexpensive solution. This would indicate that the owner of the adjacent property is not easy/pleasant to work with. You've already noticed that and the surly tenant. A fence used to be there but fell, and they took that as carte blanche to encrouch.

If you go forward with this purchase, you should have your own legal representative advising you. Get an initial consult with a lawyer (or 3).

This is not a DIY project if you haven't done the minimal legwork before posting here.