Quote:
Originally Posted by Gray Wolf
Carefull, their stuff may well have a legal right to be there. Be sure of the adverse posession and prescriptive easemsnt laws where you are. Your surveyor should know.
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would seem to indicate that the adverse possession claim is moot. However when trying to read between the lines . . . time with Rock can be relative. It could be 3 months or 3 or more years . . . we really have no way of knowing until Rock clues us in with additional information. All we know for now, is that they come out on weekends and that he spoke to them two weeks ago about the trespassing fixtures.
I would be MORE concerned with the driveway easement ACROSS HIS PROPERTY,
that he apparently has allowed them (and it appears possibly previous neighbors to that property)
to use freely. This issue needs to be addressed immediately.
I would recommend contacting a lawyer who is well versed in these matters to get it resolved.
Under Missouri law, each case of adverse possession must be decided in light of its own unique circumstances. The essential element of adverse possession is that the individual claiming title to the
real property by adverse possession must occupy the particular piece of property intending to possess
the property as their own. Such adversity is shown by satisfying the five elements of adverse possession.
Actual Possession:
The first element is actual possession. If an individual is occupying land without an alleged ownership interest, the individual must show physical possession of the entire area that is being claimed. Physical possession is shown by clearing, cultivating, pasturing, erecting fences or other improvements, and paying taxes on the land. Doing all or any combination of these, serves as evidence of actual possession.
Possession is Hostile or Under Claim of Right:
The second element to establish adverse possession is that the possession be
hostile or under a claim of right. Thus, the individual must occupy the land with
the intent to possess it as his own and not in subservience to a recognized
superior claim of another.
Possession Must Be Open and Notorious:
The third element is that the possession must be open and notorious.
That is, that the possession was conspicuous, widely recognized and commonly known.
Actual knowledge need not be proven; however, it must be shown that the occupancy was
so obvious and well-recognized that the actual owner will be presumed to have had such knowledge.
Exclusivity of Possession:
The fourth element is exclusivity of possession, which means that the
individuals are occupying the land for their own use and not for another.
Continuous Occupancy for Period of 10 Years:
The final element is that the occupancy be continuous for a period of 10 years.
In order to reach this continuous 10-year period, tacking of possession by
previous owners is allowed. Of all the above elements, the most difficult to
prove is actual possession. In order to gain title by adverse possession,
an individual must identify the land claimed in precise language so that the
boundaries may be recognized and/or determined by the court.
Moreover, merely putting up a fence may not be enough. An individual
occupying claimed land must do more than erect a fence. An individual
must take care of the land and use the land as any real owner would,
to the exclusion of all others.
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