Do I now own the property my barn is on?
Question Details: 10 Years ago I put a barn on what I believed was my land. Now my neighbor says that part of the barn is on his land. He now wishes to sell a 1/4 acre for $2,500.00. The land is in rural southern MO by Burbon, MO.
I am an attorney licensed in MO. There are various requirements for what is known as 'adverse possession'. I would need additional information from you to fully advise you. Feel free to email me at sean@roadlawyer.net or call me at 913 441 5025.
--Sean Santoro
What you are thinking of is something is the law known as "adverse possession" This is the process by which title to another's real property is acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period.
Adverse possession exists to cure potential or actual defects in real estate titles by putting a statute of limitations on possible litigation over such titles. Without the doctrine of adverse possession, a landowner could not be secure in the title to his land, because long-lost heirs of any former owner or lien holder could come forward with a legal claim on the property. Adverse possession places a statute of limitations on this kind of action, providing property owners more security in their possessions.
It is based on the doctrine of "laches", which states that failing to assert a right or claim in a timely manner can prejudice an adverse party. This doctrine is defined as neglecting to do what should or could have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another. This means the law may not be unreasonably used to reward a person if that person fails to enforce his property rights at the proper time. Failure of a landowner to exercise and defend his property rights for a certain period may result in the permanent loss of the landowner's interest in the property.
While you gave some, you did not give all details of your situation. So what I have done is to provide you with a link to a site that I think you will find to be of help: http://aglaw.missouri.edu/adverse_possession.htm.
Best of luck.
