Legal Question in Real Estate Law in Missouri

We have owned property for approximately 11 years now that conjoins with another property line that consists on approximately 1 lot. In these past eleven years, there has been absolutely no activity on the property and said property has been untouched. There have been numerous times in which trees have fallen on my property in which I've had to, at my own expense, remove from my property. There is CURRENTLY a tree that has up-rooted and is leaning against another tree. If this tree falls, the tree will fall directly on our garage. We have previously sent a letter to the property owner whom lives thousands of miles away and never received response. We just recently sent via UPS to ensure its delivery. My question is that if we do not receive a response, what can we do about this? I have read about adverse possession but do not feel that we meet the requirements in its entirety as we have not used the property as our own, denied the use to others and invited others to use the property with us. We have "cared" for the property in the sense of removing fallen trees, burning and bagging leaves to prevent snakes during the fall, etc. What are our options?


Asked on 10/16/13, 3:50 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It sounds like you might have to get someone else involved. If the area is zoned residential, than there may be ordinances that would require the landowner to take care of falling trees. In tha case, call the governing body (City or County) and ask them to come inspect the falling tree situation. You could get an attorney to write to the landowner. If there is no response, you could try a quiet title action, and allege that you have used and cared for the property, and thus are the owner. The issues of exclusivity and extent of your use, are defenses that someone opposing your petition would raise. If this absentee landowner does not respond, you might get the land. If they do respond, then you have their attention of the care issue. You could also seek for them to reimburse you for your time and expense in doing the periodic care of the property to prevent it becoming a health nuisance.

Good luck

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Answered on 10/30/13, 1:26 pm


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