Legal Question in Real Estate Law in Missouri

We have used a lane to get to our driveway from the road, approximately 1/8 mile. We have no other way to get to our home. After continuous use and expenses for maintaining the lane for 18 yrs, a new owner on whose property the lane rests tells us he is putting up a gate and locking us out. Can he landlock us?


Asked on 12/05/09, 8:58 am

3 Answers from Attorneys

Keenan Post Post Warren Lindstrom, LLP

Contact a local real estate attorney ASAP. If you have had open and notorious use of the property for a long enough period of time you may be able to claim ownership. Also, did you have an easement from the former owner? You need to get all info related to your purchase and ownership of your property and contact an attorney in your local area as soon as possible.

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Answered on 12/10/09, 9:03 am
Sean Santoro Santoro Law Office

In Missouri, one in possession of real estate may make a claim after 10 years. However, there are other requirements, such as that possession must be adverse, continuous, open and notorious. If a dispute arises to title, the solution is to file a quiet title suit in the county where the land is located. If your property fits within this description, you may be able to prevail and avoid being landlocked. Feel free to contact me if you want to discuss this further.

Sean Santoro/Licensed in KS and MO

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Answered on 12/10/09, 1:21 pm
Michael R. Nack Michael R. Nack, Attorney at Law

You might have a valid claim under a theory of easement by proscription. I would need to interview you to ascertain all of the facts and then conduct some legal research before I could properly advise you on your legal rights. It may be possible, if the facts and law are on your side, for your attorney to write a polite but firm letter to the new owner of the real estate and obtain his or her cooperation in reducing the easement to writing and recording. If not, your attorney should be able to obtain a Judgment setting forth your right to an easement for ingress and egress. Please feel free to contact me for a consultation if you are located in an area where I regularly practice.

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Answered on 12/10/09, 8:18 pm


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