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Property feud spawns from land transfer
When Virginia Hornecker was 82 years old she decided it was time to make sure the farm she and her husband lived on went to her daughters. So, she decided to split it between them then, just as long as she could live on it the rest of her life. That decision led to a series of events that has brought the 84-year-old headaches, aggravation and she says, threats from her neighbor.
"It's been terrible, I have a heart condition and this has been really hard on me," Hornecker said. "I've had to put up with a lot of threats from him (her neighbor, Darry Miller) and his lawyer (Chris Hoberock). My heart is just about to bust."
In order to split the property equitably between her daughters Hornecker decided the daughter that got the house would have a smaller parcel of land than the daughter who only got land. To make sure she split the property accurately she had a survey done. When the survey was finished Hornecker found the boundary fence was 15 feet inside her property.
When Hornecker found out about the discrepancy she started clearing the weeds and brush from the strip of land, herself.
"I'm 84 years old and I was out there clearing all that brush by myself," Hornecker said. "He sat over there and watched me and never said a word. I was out there with a chain saw working to keep this land up for my daughter because it's hers now and I just live on it. He didn't do a thing until I started to move the fence then he called that Hoberock."
Hoberock sent Hornecker a letter stating Miller had contacted him and intended to claim the land under adverse possession. Hornecker said, not only was her neighbor trying to claim the land, but, Hoberock included a draft of a lawsuit he threatened to file that would seek monetary damages against Hornecker.
"Wherefore, Plaintiffs pray Judgment against Defendant Virginia R. Hornecker for pecuniary damages in such amount that is fair and reasonable; for treble and/or double damages as authorized by statute; for punitive damages; for the cost of this action and for such other and further relief the Court deems just and proper," the final paragraph of the draft said.
"I don't have money for that," Hornecker said. "I can't just up and pay that. Besides, why should I. He said he wanted to talk to my lawyer. I don't see why he's doing all that. It's wrong, he's just trying to push an old woman around, but I'm not going to be pushed."
Hornecker pulled out a pamphlet from the University of Missouri Extension Service that listed the requirements for adverse possession and pointed out that while the boundary fence was in the wrong place Miller never made use of the land.
"He never brush hogged up to the fence line like I did on my side and he never used that strip of land," Hornecker said. "There's trees two-foot thick along there and it was all overgrown with weeds and brush. It's growing back up now because I don't go over there since they started threatening me."
Hornecker said that Miller had threatened her with more than just court action.
"He threatened me and said "You will take that fence down in one day or you will regret it," Hornecker said.
Realtor John Flynn said that it was not unusual for border fences to only approximate where the boundaries are because in times past land descriptions were vague and measurements were uncertain.
"It wouldn't be unusual for a description to read "Start at the oak tree and go north 60 paces to the rock pile, then east to the sycamore tree and back south." With descriptions like that it's easy to put a fence wrong," Flynn said. "Sometimes people can work it out themselves but sometimes they go to court."
Hornecker said she was determined to leave a legacy for her daughters, land that has been well-maintained and cared for.
"I'm doing this for them," Hornecker said. "I don't own the land anymore and I just want them to have it in good shape."
Calls to Miller's residence were not immediately returned. When contacted by the Nevada Daily Mail, Hoberock stated he would not comment on the case.
"I don't comment on matters that may or will come before the court," Hoberock said.