DRIVEWAY WAS BUILT ON PARK PROPERTY 12 YEARS AGO

D

deoliver

New Member
Jurisdiction
Missouri
My driveway was built on park property over 14 years ago. I did not have a survey done when I bought the home back in 2006. I have planted shrubs and trees on the side of the driveway that I thought was mine and they want them removed which I did. We share the driveway with the park personnel as they drive through it constantly daily. I just recently had a sprinkler system put in and now one of the lateral lines and one sprinkler head is just 18 inches over the park property stake. Now they are complaining about that and my shrub that is placed there as well which has been there for quite some time. So what can I do? This is getting to be quite painful with them always on me and them driving KRAZY through the driveway all the time. Appreciated any help. Thanks.
 
mightymoose said:
Have you considered having your own survey done to confirm the location of the boundaries?
Is there a discrepancy in the deeds?
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I have but the costs is outrageous around $500. The park did a survey and the marker is on my side of the driveway which is crazy. Thanks.
 
deoliver said:
I have but the costs is outrageous around $500. The park did a survey and the marker is on my side of the driveway which is crazy. Thanks.
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Paying $500 to prove the park survey is bogus can keep your property rights intact.

deoliver said:
Now they are complaining about that and my shrub that is placed there as well which has been there for quite some time. So what can I do?
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You inquired what might you do?

I suspect you wish to preserve your deed as recorded.

If you do nothing, the park authority might eventually go to court to order you to remove the driveway, shrubs, and other alterations you have made over the last 12 years.

There is another approach that MIGHT be available to you, "adverse possession".

Missouri Adverse Possession Laws. In Missouri, as in other states, an individual who openly inhabits an otherwise neglected piece of property for a certain period of time may legally obtain title. ... Missouri law requires at least 10 years of continuous occupation before someone may claim a parcel of property.

You might wish to discuss adverse possession with a couple property lawyers in your county.

Otherwise, you'll have to educate yourself:

Who Can Claim Property Based on Adverse Possession in Missouri?

Adverse Possession of Land in Missouri | St. Louis LLC Attorney

Adverse Possession Missouri: SmithAmundsen

I am NOT endorsing or recommending anything.

I am simply ILLUSTRATING to you a range or array of options which MIGHT be available to you.

You are best advised to do extreme vetting and due diligence BEFORE spending money or trying to preserve your property rights.
 
army judge said:
Paying $500 to prove the park survey is bogus can keep your property rights intact.




You inquired what might you do?

I suspect you wish to preserve your deed as recorded.

If you do nothing, the park authority might eventually go to court to order you to remove the driveway, shrubs, and other alterations you have made over the last 12 years.

There is another approach that MIGHT be available to you, "adverse possession".

Missouri Adverse Possession Laws. In Missouri, as in other states, an individual who openly inhabits an otherwise neglected piece of property for a certain period of time may legally obtain title. ... Missouri law requires at least 10 years of continuous occupation before someone may claim a parcel of property.

You might wish to discuss adverse possession with a couple property lawyers in your county.

Otherwise, you'll have to educate yourself:

Who Can Claim Property Based on Adverse Possession in Missouri?

Adverse Possession of Land in Missouri | St. Louis LLC Attorney

Adverse Possession Missouri: SmithAmundsen

I am NOT endorsing or recommending anything.

I am simply ILLUSTRATING to you a range or array of options which MIGHT be available to you.

You are best advised to do extreme vetting and due diligence BEFORE spending money or trying to preserve your property rights.
Click to expand...

But like I had mentioned early on this is a city Park that I am next too and it was donated by the same person that use to own my land. So I don't think I am entitled to do the Adverse Possession in the state of Missouri since it is city government land right? Or do I? Thanks.
 
As I had mentioned earlier that it its located next to City Park Property which was donated by the same person that use to own my property. Don't think the Missouri Adverse Law will apply in this case or will it? Thanks for you reply and helpful info.
 
deoliver said:
As I had mentioned earlier that it its located next to City Park Property which was donated by the same person that use to own my property. Don't think the Missouri Adverse Law will apply in this case or will it? Thanks for you reply and helpful info.
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I suggest you discuss this with a lawyer.

I'm not saying you'll win.

I'm saying you can assert the claim.

What you require you're resisting.

You need to hire a property/real estate attorney.
 
I believe the driveway was already in place when the house was purchased.

It is definitely worthwhile to have another survey done, and review the boundaries in the deed.
 

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