Legal Question in Real Estate Law in Missouri

real estate encroachment

My garage is about 6'' onto the adjacent neighbor's land. The overhang is about 24'' over the property line. The structure was built in the mid 80's. We bought our property about 2.5 years ago. Do we have to worry about the encroachment when the current land owner sells the land?


Asked on 6/23/09, 6:05 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: real estate encroachment

You may have to be concerned if the neighbor sells his property soon. Eventually, the right to evict you from the area encroached would end, because your use is open and obvious. The question is whether your use is hostile. You need to know what the agreement was between the neighbors when the garage was built. Perhaps they had permission to install the garage, but maybe for only a certain umber of years, or until an event happened.

Most likely a new neighbor would be unsuccessful in trying to evict you or someone you sell yrou property to. But, you or they could spend thousands defending such an action. to improve your defense chances or save money, perhaps you could buy the 6 inches from your neighbor. If you are concerned, consult an attorney in person before taking an action.

Good Luck

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Answered on 6/25/09, 3:56 pm


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