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Re: OT. Land-locked Acreage / long post


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Posted by GeneMO on March 28, 2009 at 22:15:16 from (216.74.221.185):

In Reply to: OT. Land-locked Acreage / long post posted by flying belgian on March 28, 2009 at 11:20:23:

Belgian, forgot, aren't you overseas? May be wrong. Anyway, what you really asked about was could the Doc claim the ground. No. You guys have been giving him permission to use it , farm it or whatever. What you are talking about is generally boundary disputes. Someones fence is a few feet off. Here in MO. it is called "rights of adverse possession". It had to be going on for at least 7 years. The other person had to be aware that the boundary was off (adverse) to him. And it had to be obvious (a fence) and it had to have been unchallenged. After that, then yes you could go to a judge and they had to forfeit the property and give you clear title.

We had to have this done in the late 1960's. It was because the highway bordering our farm had changed in the 1920's. A 1 acre sliver of the neighbors had been left on our side of the now highway. Guy came in and bought the land across the road and tried to claim this one acre of our pasture. When it was all over he had to give us title to it. Backfired big time one him. Another old neighbor remembered the conversation from the original neighbors 45 years earlier where the owner told my grandfather he could just have that sliver and it had been fenced all these years, for everyone to see.

As for forcing a driveway in, that's tough. A judge could do it if YOU had just bought the land, and their was no other way in. I don't think it would work the other way around. Plus if you could reasonably make a road in that would work against you.

Lease it to deer hunters. They'll walk in or take and ATV.

Gene


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