Ownership Disputes and Adverse Possession
Adverse possession is a legal method of obtaining ownership property through the use of another person’s property without permission. In order to obtain ownership, the person bringing the claim must establish that the land in question has been used continuously for 10 years in Missouri and 15 years in Kansas. The most common form of adverse possession is when a fence is mistakenly built over a property line and it is discovered many years later. Other forms of ownership disputes occur when a party pays for the purchase of a home that is titled in someone else’s name or when there is a dispute over the location of a property line between two properties.
What is the process for obtaining property through adverse possession?
A person makes a claim for adverse possession by filing a quiet title suit. A quiet title suit is a legal action asking the court to declare the person bring the suit the owner of the property. In the alternative, adverse possession may also be used as a defense to a suit filed by the other party seeking either to quiet title or remove the other person from the property.
What actions can be taken to resolve an ownership dispute prior to filing a lawsuit?
We generally recommend starting with a demand letter. A demand letter is simply a letter that outlines the basis for claiming ownership of the property and asks the other party to consent to the same.The purpose of a demand letter is to see if there is any possibility of settlement prior to incurring the costs of litigation.
If you have already received a demand letter from the other party, the next step is to respond to that letter. Depending on the dispute and your likelihood of success if it went to trial, the appropriate response may be a response letter or simply a phone call to discuss the matter.
How much does it cost and how do I get started?
We have provided information about the various services we offer related to adverse possession and ownership disputes below. When you are ready to get started, please either click on the product link below to place your order or click here to schedule a free 15-minute case evaluation phone call.
Boundary and Ownership Dispute – Defendant$1,500.00 Add to cart
Boundary and Ownership Dispute – Plaintiff$1,500.00 Add to cart
Ownership Dispute Demand Letter$750.00 Add to cart
Representation at Mediation$975.00 Add to cart
Response to an Ownership Dispute Letter$400.00 Add to cart
Settlement Negotiation (10 Hours)$1,750.00 Add to cart
Settlement Negotiation (2 Hours)$500.00 Add to cart
Settlement Negotiation (4 Hours)$900.00 Add to cart