Property owners right vs neighbor squater
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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
property?
Asked on September 6, 2017 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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