Legal Question in Real Estate Law in Missouri
Adverse possession
About 5' of my neighbor's driveway is on my property. He has lived there for 2 years but the driveway has been there for 30 years. Now there is bad blood between him and me over him running a lawn care business right next door in a residental neighborhood. He is making me move my swingset which is too close to the road. My question is, does he have 'adverse possession' of the 5' or can I make him move the drive over 5'?
1 Answer from Attorneys
Re: Adverse possession
Adverse possession comes down to the specific facts. The short answer is that in two years, he has not adversely possessed the 5 ft long of land long enough to prevent you from maintaining control over the property. The 28 yrs prior to his moving in are the determining factor. If you were there when the driveway was put in, and you gave the other landowner permission, but not an easement, then probably noone will ever be able to adversely possess that property in the generic sense, based soley on the driveway being there.
Aside from adverse possession, there are other legal doctines that may limit your control over the 5 ft of driveway. I suggest that you get acopy of teh Deed from your County Recorder's office, and make an appointment with an attorney in your area. You can discuss this with him. He may be able to help you determine what is your best next move.
Good Luck,
Tony Smith
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