Property line dispute with neighbor who wants to put up an electric fence (lease, attorney)

[herpixiepuppy]

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

[8 SNAKE]

If you do not know where your property lines are, you don't really have a leg to stand on.

[MoNative34]

Electric fences are completely lawful and used very often.

You will need to call a land surveyor and mark your line and corners.

[Arrby]

Originally Posted by MoNative34

You will need to call a land surveyor and mark your line and corners.

What he said. And then some. A fence left undisturbed will become the de facto property line, leaving the legal description moot. This is called "adverse possession."

If you establish the boundary, and any kind of structure is installed on your side it is a trespass, or more correctly an "encroachment." In the case of an encroachment all of your legal options will involve an attorney. On the other hand, their physical presence on your properly marked "NO TRESPASSING" property is a criminal matter and can be (note I did not say "will be") dealt with by the appropriate sheriff, police, whatever, authorities.

The extra-legal method of solving these kind of disputes tend to involve dark nights and the total disappearance of the offending structures. These kind of things can work, as a practical matter, but they all too frequently end with the "innocent" party arrested, shot, or sued.

[MoNative34]

I would hope you and your neighbor would be able to get together, call a surveyor and get the lines marked and work it all out beforehand. Even if there was no fence being built, good permanent property line monuments are a good thing.

[herpixiepuppy]

Thanks to all of you for your quick response and helpful info...
God bless you all,
Val

[MoNative34]

Originally Posted by herpixiepuppy

Thanks to all of you for your quick response and helpful info...
God bless you all,
Val

And I hope it all works out for you.

[marmac]

When getting a survey done, ask the neighbor if he will split the cost and accept the results.

It isn't cost effective to get a survey done, pay for it, and have the neighbor state the old fenceline is still the property line.

You then have to go to court ( more $$$$$) wasted and the judge still might rule that the old property line stands due to precedence.

I've known people spend thousanda of dollars and a judge over ruled a new survey.

Pick your battles based on the thickness of your billfold.

[TempesT68]

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.

[Inoxkeeper]

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.