Psalm 89 tells us that justice and righteousness form the foundation of God’s throne. The Scriptures also make it clear that a synonym for justice is truth and for righteousness is mercy. Psalm 85 says that in God mercy and truth have kissed, which means that in God they become one. The apostle James taught us that mercy triumphs over judgment.
“These are the principles which form the foundation of my law practice.” – Glenn Hall
One of my recent estate planning cases involved drafting a deed which conveyed over 500 acres into a revocable living trust. Drafting the deed was very complicated because I had to piece together the legal description from over ten separate deeds which this family had acquired over a period exceeding fifty years. What makes this case really interesting is that we cannot find a conveyance for a thirty acre parcel of land that lies smack in the middle of the entire contiguous parcel of land! Because of this it first looked like I would have to file a “quiet title” action on behalf of my clients to be sure they could pass good title to this thirty acre tract.
My experience in working with litigation involving “adverse possession” of real estate, however, provided me with a quick and easy solution. During my research of law in preparation for an upcoming trial involving adverse possession, I stumbled upon a comment that title insurers usually will not balk at insuring land which has clearly been owned by a party by adverse possession for over the statutory ten year period of time. In this case we are dealing with a thirty acres in the middle of 500 acres that has been owned by the same family for over fifty years. It is extremely unlikely anyone would ever claim title to that thirty acres at this point in time.
So, when you need competent legal help involving estate planning, trusts, and real estate, call Glenn Hall at the Hall Law Firm LLC. Call 573-729-2229 to set up your free initial consultation.
Attorney Glenn Hall has been involved in substantial real estate litigation. His cases have included actions in trespass, hay cutting, tree cutting, fence lines, quiet title, and adverse possession. At this time he is involved in several real estate matters that will ultimately affect his client landowners substantially. Glenn has litigated and won adverse possession matters in the past and one of his current cases involves very interesting facts regarding a quiet title lawsuit where the ultimate issue concerns whether adverse possession occurred or not. Glenn, of course, cannot promise that he will win your particular case, but if you have a real estate matter you do need an attorney like Glenn who is experienced in that area of law.
Many Missouri land owners do not realize that they might be at risk of losing some of their precious land simply because they do not know or understand Missouri law. You may believe that you are simply being a good neighbor when you allow that neighbor to use your idle land for his own purposes, but beware! You need to know the law concerning adverse possession.
Any person can file a lawsuit against you to acquire legal title to YOUR land if he meets the following criteria:
- He has maintained actual possession of your land for ten years or more. This could simply mean that he was the one who mowed the grass on a particular parcel for ten years.
- He has maintained hostile possession of the subject real estate for more than ten years. Did he make it clear that he intended to exercise dominion over the land? Did he erect a fence around it. Did he act like he owned it. This does not mean that he has to threaten the legal owner. It simply means that he acts like he IS the owner for ten years or more.
- He must maintain open and notorious possession of the subject real estate for more than ten years. His possession or claim to possession cannot be hidden. His use of the land must be open to inspection. You have to be able to see or otherwise discern that he is in fact possessing your land and that he intends to do so.
- He must maintain exclusive possession of the subject real estate for more than ten years. This means that you or some other neighbor cannot be using the particular parcel of land for your own purposes. If you, for example, continue to use your own land, even though you allow another to use it too, you demonstrate that you have dominion over the land and another cannot wrench it from you via the legal means of adverse possession.
- The adverse possessor must maintain continuous possession of the subject real estate for more than ten years. Assume that you allowed your neighbor to use your land for five years, say from 1998 to 2003, and then you used the land again from 2003 to 2008. Now assume that your neighbor used the land again from 2008 to 2014 and the total time he used your land for both periods exceeds ten years. He cannot gain your land by adverse possession because he did not exercise dominion of your land for a continuous period of ten years or more.
Land owners, therefore, should always be cognizant of the boundaries and uses of their lands. Review your fence lines regularly. If you find someone using your land and it is okay with you, then draw up a simple lease agreement with that person that demonstrates that you still exercise dominion over it. Never remain silent when another person begins to dominate your own land. You may think you’re being a good neighbor. Ten years later he may show you that you have acted the fool!