it has just come to my attention that my driveway is on my neighbors land. I have lived here for 23 years without this coming to light

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it has just come to my attention that my driveway is on my neighbors land. I have lived here for 23 years without this coming to light

what remedy do i have to resolve this as my house is sold and closes in 13 days ; hopefully. the neighbor moved here late 2000

Asked on May 14, 2009 under Real Estate Law, Missouri

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to call a local attorney and ask what the law is in MO concerning adverse possession. Adverse possession is defined as a means to acquire title to land through obvious occupancy of the land, while claiming ownership for the period of years set by the law of the state where the property exists. This can arise when a rancher fences in a parcel contending he was to get title from some prior owner, and then grazes cattle on the property for many years without objection by the title holder. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period (varies by state) are evidence of adverse possession but cannot be used by a land grabber with no claim to title other than possession.

Depending on whether there was an agreement with the neighbor new or old and the number of years required by your state the land may legally be yours. if your closing you probably have an attorney handling the closing who should know whether your situation is one that falls under these parameters.


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