Full question:
I just bought land in Collins Mo and had it surveyed. This showed that one neighbors driveway curved into my land. Driveway is about 5 years old. It also shows a cattle fence cuts across one corner of my land by about 100 x 300 feet. I don't know how long its been that way. My question is how does adverse possession effect me as the new owners? I know it is 10 years in this state but does that start with me or the old owners? Land has never been surveyed before I had it done. Do I own all the land or does the cattle farmer own the corner of my land. What do i need to do to keep all my land? My deed is Fee Simple. Also does that mean I own the mineral rights to the land too?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Missouri
Answer:
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period, which varies by state, are evidence of adverse possession but cannot be used by a person with no claim to title other than possession. Certain public property is not subject to adverse possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement. MO allows tacking when an “ancestor, predecessor, grantor or other person under whom he claims was seized or possessed of the premises in question.”
We suggest you read the terms of the deed and sales contract carefully or conslt a local attorney who can rebiew the documents involved. The exclusion of the sale of mineral rights should be stated clearly and agreed upon by each party. You may include a notation to "SEE ATTACHED EXHIBIT A" and attach an Exhibit A (or other letter as needed) to the deed stating that the property is sold with all rights except for the mineral rights. Each type of mineral should be listed separately. A statement that all mineral rights are reserved by the grantor and grantor's heirs, successors, and assigns will preserve mineral rights for you and those you transfer the rights to.
Please see the following MO statutes:
516.010. Actions for recovery of lands commenced, when. —
No action for the recovery of any lands, tenements or hereditaments, or for the recovery of the possession thereof, shall be commenced, had or maintained by any person, whether citizen, denizen, alien, resident or nonresident of this state, unless it appear that the plaintiff, his ancestor, predecessor, grantor or other person under whom he claims was seized or possessed of the premises in question, within ten years before the commencement of such action.
516.020. Right of possession not affected by descent. —
The right of any person to the possession of any lands, tenements or hereditaments shall not be impaired or affected by descent, cast in consequence of the death of any person in possession of any such estate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
