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Old 05-26-2010, 07:43 AM
 
9,807 posts, read 5,362,077 times
Reputation: 8127
Quote:
Originally Posted by TempesT68 View Post
I'm surprised you never got a survey done. You'll have to bite the bullet and have a survey done, then regardless of what your neighbor says if he's on your property he's in the wrong.
Maybe yes,maybe no.

If a judge rules that the old property line ( old fence line) has been the established line, he may rule that the old line stays.

He may rule that a ' compromise" be reached.

I never could understand why a judge won't accept a new survey as the official property line, but many won't.

I have known many farmers who had a dispute and spent thousands of dollars in court.

In every case, neither party was satisfied with the judge's ruling.

Despite stating that, a survey may be necessary and hopefully your neighbor will accept it and fight it no farther.
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Old 05-26-2010, 07:46 AM
 
9,807 posts, read 5,362,077 times
Reputation: 8127
Quote:
Originally Posted by Inoxkeeper View Post
You need to get a survey done and get the guy off your land. I just finished reading a thread on another forum when the original owner lost a signifcant amount of his land due to adverse possesion. Well marked property lines make for good neighbors.
No where did the OP state he was on their land.

Maybe the new survey will show that the line is actually 5-10 feet into the OP's land. Then the neighbor can tell the OP to stay off their land.
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Old 05-26-2010, 03:04 PM
 
Location: Branson Area
880 posts, read 1,779,933 times
Reputation: 692
Quote:
Originally Posted by herpixiepuppy View Post
Hi everyone,
My next door neighbor has decided to lease part of his property to a guy that lives up the hill from us. The guy started putting up an electric fence this weekend without our neighbor even discussing it with us. My husband went to our neighbor and complained. 1. because neither our nieghbor or ourselves have a bona fide survey to prove where the property line is and 2. Our neighbor basically told the guy where he decided the property line is and is going to allow this guy to use electric fencing to hold cattle.
1st Question: Does our neighbor have the right to decide where the property line is without consulting us or showing a survey to prove he is not encroaching on our property? Is there anything in Missouri law I can look up to support this position?
2nd Question: Can he allow electric fencing to be put up without asking us first? Is an electric fence considered a lawful fence?
3rd Question: My husband verbally objected to our neighbor about the fence being put up without showing prove of property line. What other recourse does he have?
Thanks to all who have suggestions,
VJW
Electric fencing is legal and he does not have to have any "permission" to build it. It's a neighborly thing to do but not a legal requirement. If he were asking you to pay for half of it, then it would need to have been agreed to prior to building the fence.

You can pay to have a survey done and then approach both the land owner and the renter about moving the fence if it's on your property. If it's a few inches (minor encroachment) the courts will do nothing. If it's a significant encroachment, the fence will "normally" have to be moved or, if agreeable to you, the landowner mandated to buy the property from you. However, in either case, you will bear the cost of the survey and the initial cost of a lawyer if it's determined that the encroachement is worth pursuing.

If you can find out who did the initial survey and they are still in business, they may be able to find your pins at nominal cost.
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Old 05-28-2010, 09:16 PM
 
Location: Missouri .
62 posts, read 67,159 times
Reputation: 77
Default County decisions.

I found out that some counties have the best legal system that money can buy.
Which county are we talking about ?
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