Boundary disputes between neighbors often start with something small: a fence, a trail, brush clearing, or years of using land no one realized was disputed. But under Missouri law, those seemingly minor facts can become very serious. In a recent Missouri Court of Appeals decision, Bourbon v. Benson, the court affirmed a ruling that one landowner had acquired disputed property through adverse possession and that the neighboring owners could not recover damages.

For Missouri property owners, this case is an important reminder that failing to monitor or challenge long-term use of land can result in losing ownership rights.

What Happened in Bourbon v. Benson?

The case involved neighboring rural residential properties in Washington County, Missouri. After commissioning a survey, the plaintiffs discovered that part of their land fell within a fenced area that had long been treated as part of their neighbor's property.

They demanded that the neighbor remove the fence and return the property, then filed a lawsuit asserting claims for trespass, nuisance, and ejectment. In response, the neighbor argued that he had acquired ownership of the disputed area through adverse possession.

After a bench trial, the court ruled in favor of the neighbor, and the Missouri Court of Appeals affirmed that decision.

What Is Adverse Possession in Missouri?

Adverse possession is a legal doctrine that allows someone to gain ownership of land without a deed if they possess it in a certain way for a sufficient period of time. In Missouri, the possession must be:

• Hostile (without permission)
• Under a claim of right
• Actual
• Open and notorious
• Exclusive
• Continuous for at least ten years

In practical terms, the law asks whether the person used the land in a way that was obvious enough that the true owner should have known and taken action.

Why the Court Found the Use Was “Open and Notorious”

The court focused heavily on whether the neighbor's use of the disputed land was visible and obvious. The evidence showed that when the neighbor purchased his property, the disputed area was already fenced and had signs of active use.

Over time, the neighbor and his family:

• Used the area for four-wheelers and motorcycles
• Maintained trails
• Cleared brush and used equipment
• Maintained fencing
• Burned debris
• Allowed livestock to graze into the disputed area
• Stored materials on the land

The neighboring owners argued that the land was wooded and secluded, but the court rejected that argument. The properties were relatively small residential tracts, and there was evidence that the neighboring owners could see or hear activity on the land.

Importantly, Missouri law does not require proof that the true owner actually knew about the use. It is enough that the use was obvious enough that a reasonable property owner would have discovered it.

Why the Trespass Claim Failed

The plaintiffs also sought damages under Missouri's trespass laws. However, once the court determined that the neighbor had acquired ownership through adverse possession, the plaintiffs no longer had the legal right to possess the disputed land.

Because of that, their trespass claim failed. This highlights an important consequence of adverse possession: once ownership is established, related claims for trespass or removal may no longer be available.

What Missouri Property Owners Should Take Away

This case provides several important lessons for Missouri landowners:

• Do not assume a fence line matches the legal boundary
• Pay attention to how neighboring land is being used
• Investigate signs of long-term use, such as trails, clearing, fencing, or storage
• Obtain a survey if there is any doubt about property lines

Adverse possession claims develop over time. If a neighbor uses your land openly and continuously for ten years without objection, you may lose the ability to reclaim it.

Beal & Whitener represents clients throughout Missouri on matters involving civil claims, including throughout Northeastern Missouri Counties: Scotland County, Clark County, Lewis County, Knox County, Shelby County, Marion County, Monroe County, Ralls County, Pike County, Lincoln County, Audrain County, Montgomery County, Warren County, Saint Charles County, St. Louis County, St. Louis City and Southeastern Counties: Jefferson County, Franklin County, Gasconade County, Crawford County, Washington County, Saint Francois County, Saint Genevieve County, Perry County, Madison County, Iron County, Bollinger County, Cape Girardeau County, Wayne County, Butler County, Stoddard County, Scott County, Mississippi County, New Madrid County, Dunklin County, Pemiscot County and Central Missouri Counties: Boone County, Callaway County, Cole County, Osage County, Maries County, Phelps County, Dent County, Shannon County, Oregon County, Carter County, Ripley County.