Everything You Need to Know About Mid-Missouri Farm Boundary Disputes & How to Deal With Them
Land Ownership Is Serious for Missouri Farmers. Draw the Line Firmly With Haden & Colbert’s Agricultural Attorneys
As a generational farmer or rancher in the mid-Missouri area, you are likely to experience a disagreement regarding your boundary lines, especially if they neighbor another property. Fences are often a central topic in these disputes, since it is an essential part of livestock containment and land ownership. The aftermath of a scathing lawsuit can be extremely costly, and nothing is more important than your legal preparation.
When your agricultural land is at risk, Haden & Colbert’s boundary dispute attorneys will answer your call to defense. Several of our Missouri attorneys have firsthand experience with local farms, allowing us to better understand your perspective while tenaciously fighting for your rights before a circuit court judge. Review our full guide and contact the firm to explore the details of your case.
What is a boundary dispute in Missouri?
The most common types of boundary disputes involve an exchange between a farm and a neighboring property, often unable to agree on where property lines begin and end. If one owner makes changes to the land or builds a new fence, it can lead to a list of questions about the property deeds and surveys, legal descriptions for purchased land, and what constitutes a “lawful” fence.
When eminent domain is exercised for a private individual or corporation instead of the public, as intended, this can also invoke the need for a mid-Missouri agricultural attorney. Call today and let Haden & Colbert walk you through the most relevant boundary and fence laws.
Delegation of maintenance
If a piece of fence is worn down or damaged, who covers the cost of repairs? When the time comes to maintain a fence in Missouri, it can be tricky for farmers to determine the responsible party. The answer to this depends on many factors, and it will be imperative that you have a sharp-witted attorney to help read between the lines. For example, if one side owns livestock while the other doesn’t, they are not required to contribute to the division fence.
Encroachment of a Missouri property
Another frequent reason for agricultural fence disputes is encroachment on another property. An outside entity might plant its fence posts over the boundary line, interfering with a farmer’s ability to use their land and carry out basic operations. This is a civil offense and a form of trespassing, but making this argument in court will be difficult to face alone. An experienced lawyer can assist you with the negotiation, settlement, and mediation of a farm boundary dispute in mid-Missouri.
Adverse possession of farmland in Missouri
Adverse possession, also often known as “squatter’s rights”, dictates that a person may receive the absolute title for a piece of land after continuous possession of 10 years. These problems commonly arise once a central Missouri fence is being rebuilt, and it is often decided on a case-by-case basis with a court and jury. In order for the adverse possessor, or claimant, to gain the title, they must meet the following conditions for at least a decade:
- The land is physically occupied by the adverse possessor
- The adverse possessor has had exclusive use of the property for 10 years or more
- Their use and occupation have been continuous and uninterrupted
- They openly occupy the property without making any efforts to conceal it
- The adverse possessor does not have the deed owner’s true consent
When are fences involved in agricultural boundary disputes?
What are Missouri’s boundary & fence laws to consider?
There are multiple factors to research with your attorney before initiating a farm boundary dispute in mid-Missouri. The first step typically involves reviewing surveys to find where exactly property lines meet. Many neighboring farmers will also attempt a peaceful deal, drafting an agreement that clearly outlines the designated use of different areas. Remember, these laws can all vary based on county-specific regulations. As you navigate these statutes, Haden & Colbert will be working promptly to build an argument in your interests.
How to handle your boundary dispute with an agricultural attorney in central Missouri
Every case should begin with communication, rather than immediately jumping into a boundary dispute. If possible, reach out to your neighbor and see if a compromise can be found without the need for an agricultural attorney. If an agreement doesn’t seem viable, it’s time to look for a firm that has experience serving farmers and ranchers.
With your attorney, you can analyze property surveys, zoning laws, state guidelines, and any other evidence that can support your ownership. Our lawyers can also communicate with your neighbors and their legal representatives, or even represent you in a Missouri court.
Leave Your Agricultural Land Dispute to Haden & Colbert. We Represent Farmers Across Missouri With Aggressive Defense
Our loyalty is reserved for Missouri farmers who have earned a living in the local landscape for decades, and we’re here to help you address boundary and fence disputes head-on. You shouldn’t have your work tarnished by fencing issues, trespassers, or private corporations. We handle not only boundary disputes, but agricultural estate planning, animal welfare and disease compliance, water rights cases, and more as well. To begin advocating for your farm, get in touch with Missouri’s team of agricultural lawyers, Haden & Colbert.
