St. Louis Adverse Possession

Arguments about property ownership and land use can escalate quickly into contentious disputes. When it comes to real estate issues in Missouri, matters involving what’s known as adverse possession can be especially complex to address. As overwhelmed and confused as you may feel when struggling with an adverse possession issue, it’s essential to recognize that you do not have to move through this difficult process on your own. At Wallach & Associates, P.C., we have extensive experience in the field of real estate law, and we are fully prepared to serve you with the exceptional and effective legal representation you deserve. When you enlist our services, you can trust that we will work closely with you to evaluate every detail of the situation and identify the most strategic course of action that aims to secure you the best possible outcome.  If you are ready to explore your options for resolving an adverse possession dispute in the greater St. Louis area, please contact our office at your earliest convenience to learn more.

Defining Adverse Possession in Missouri

At its core, adverse possession refers to a legal concept in which a trespasser (usually a neighbor whose property is adjacent to yours) gains legal title over your land. In other words, when one landowner neglects a portion of their property and leaves a neighbor to tend to it or access it in some way, the neighbor may be able to claim legal ownership over this piece of the property. However, in order to have the court formally award ownership to the “trespasser,” several elements must be established. Over the years, Missouri courts have identified several factors that can be used by a trespasser to claim ownership over a portion of property that belongs to someone else, which are outlined below. 

Hostile

First, the trespasser must establish that their use of the other party’s land was intentional, against the right of the owner, and without their permission. In other words, the rightful owner did not agree to the trespasser’s presence on or use of the land. 

Actual

Next, it must be shown that the alleged trespassing actually occurred. This means that the trespasser exercised control over the property in some way (i.e., planting a tree, constructing a building, etc.).

Exclusive

Another factor that will need to be established is that the trespasser alone exercised control over the portion of the property. If multiple parties or members of the public accessed this piece of land, it’s difficult for a single individual to claim exclusive ownership over it.

Open and Obvious

Cases of adverse possession involve the trespasser openly and overtly using the property without attempting to hide their behavior. In other words, they access and use the property as any rightful owner would.

Continuous and Lasting

In order for an activity to be considered adverse possession, the trespasser’s activities must have occurred for over ten years. Property owners are obligated to comply with a ten-year statutory period in which they may report the trespasser’s presence and activities. Once this period expires, the landowner can no longer complain about the presence of the trespasser, as they presumably had ten years of knowing of this behavior and neglected to take any action in response. 

Steps to Take Against Adverse Possession in Missouri

As a property owner in the St. Louis, Chesterfield, or Maryland Heights areas, or, really, anywhere in Missouri, it’s essential to act quickly as soon as you suspect that a neighbor or another party is trespassing on your property without your consent. You can approach your neighbor and politely request that they cease this encroachment immediately. In some cases, a simple conversation clears up misunderstandings and prevents further issues from arising. However, if the other party ignores your request and continues to trespass on your property, it’s worth contacting a highly skilled and experienced Missouri adverse possession lawyer to understand your legal rights and options. Depending on the specifics of your situation, you and your attorney may decide to file an action to quiet title. This allows the Missouri state court to issue an order that identifies you as the true and rightful owner (and the title holder) of the land. No matter what course your case may take, you can rely on the dedicated and caring legal team at Wallach & Associates, P.C., to advocate vocally on your behalf and pursue a fair and favorable outcome. 

Adverse possession cases tend to be complicated to navigate without the support of a highly qualified real estate litigation attorney. If you are struggling with a matter involving adverse possession in St. Louis, Chesterfield, or Maryland Heights, reach out to Wallach & Associates, P.C., today at (314) 308-2900 to get started with a trusted and experienced real estate attorney.