Re: Property Line Question and Pushy Neighbor

Posted by JDEM on March 12, 2018 at 08:44:02 from (174.230.21.58):

In Reply to: Re: Property Line Question and Pushy Neighbor posted by GeneMO on March 12, 2018 at 08:23:06:

"Adverse Possession" is from "Old English Law" that predates the USA. If someone wants to claim it, he/she has the burden of proof and has
to show the owner knew about the use and did nothing about it.

"Missouri state courts continue to enforce a fair result when one owner has neglected or forgotten about a piece of land while another has
been using or caring for it for so long that to make that person leave would seem unjust, or create hardship. In other words, if a
trespasser spends enough time caring for a piece of property that the true owner has neglected or even forgotten about, and the true owner
makes no objection, a court might award “ownership” to the trespasser.

Of course, there are some hurdles to clear before someone can claim a piece of your Missouri land using this theory. For one, the burden of
proof to establish a claim of adverse possession is on the trespasser. In other words, if you hold legal title to a piece of land, you are
its presumed owner until and unless the adverse possessor can come up with enough compelling evidence and arguments to convince a judge to
grant ownership over all or a portion of it."

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