Property owners right vs neighbor squater

UPDATED: Oct 1, 2022

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Property owners right vs neighbor squater

I bought a house/land 7yrs ago…i
recently had a survey done and found
out my neighbor is using 1/2 care of my
land. Should I write him a letter
giving him a time line to remove his
possessions including fences. What
cause of action can I do to regain my

Asked on September 6, 2017 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Usually, it's good to first discuss things orally--maybe you can work it out informally with him. If that doesn't work, write a letter, sent some way you can prove delivery (e.g. certified mail), including in/with it a copy of the survey, explaing that he is using your land and demanding that he stop doing so and remove his possession and fixtures within, say, 30 days or such other time as you and he mutually agree to.
If he does not comply, then your next step is to file a lawsuit in chancery court (a part or division of county court) seeking a court determination ("declaratory judgment") confirming the boundaries and also ordering that your neighbor remove his belongings and fence. You will need to not just bring the survey in, but have the surveyor testify in court, too.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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