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JKTX21
02-09-2007, 10:42 PM
Alright... this week the gentleman that recently moved in behind us came by to tell us that we are "living on his property." (This guy is a real jerk off of course) When we had the pool put in a while back, we discovered that the fence was not correctly erected on the property line and the fence is about 10 feet on the wrong side (to our favor).

Our house was purchased in February 2002, and the fence in question was erected at least a year before that. I think the poor guy had it surveyed after he bought the real estate. We have been using the property as if it were ours for the duration, i.e. sprinkler system is on the current property line, we did not ask permission to use the property, etc.

Anyhow, from my limited knowledge of law, I know we might be able to claim adverse possession in this matter, does anyone have a similar experience or know how the statues work in Texas?

Thank, JK

Farmer Ted
02-09-2007, 11:08 PM
get a copy of your blue line survey and compare it to his?

If you know you're in the wrong make it right?

shepherd
02-10-2007, 12:06 AM
I suspect you'll have to have possession of the property for longer than 5 years before you can claim adverse possession. I don't know about Texas law, but normal is about 20 years iirc.

JimN
02-10-2007, 12:48 AM
Look at your deed and find out your lot's depth and where it was measured from. Surveyors do make mistakes and it could be that the one done for the city, you or the J.O. is wrong.

Ric
02-10-2007, 09:24 AM
I'm no lawyer, but had read somewhere that you'd have to have been paying taxes on that land as if it were yours all this time too... tricky situation for 10ft
the question is... who is paying to rebuild the fence?


GET OFF MY LAWN

east tx skier
02-10-2007, 11:25 AM
I suspect you'll have to have possession of the property for longer than 5 years before you can claim adverse possession. I don't know about Texas law, but normal is about 20 years iirc.



My mom had this come up when some people build on the vacant lot next to her house. The lot had been vacant for the 20+ years she lived there and the previous owner had build a dog run at or near the property line. When a new owner built on the lot, they had it surveyed and afterwards, approached my mom claiming that the dog run had been built over the property line. They then told her that they weren't going to worry about it. They were either nice people or were reasonably certain that they wouldn't have a leg to stand on, but it's a shame your new neighbors aren't being similarly cooperative.

JKTX21
02-10-2007, 08:57 PM
Thanks guys... we are going to have an attorney sort it out next week. The major issue is going to be who is paying to move the fence and sprinkler system if that is what has to happen.

milkmania
02-10-2007, 10:41 PM
I got into a deal several years ago where my new neighbor (the guy with the loose pit bulls) had his land surveyed and proclaimed I was over on him by 3 feet for a length of 720 feet....
was able to prove through court documents the actual age of the fence because the previous owner of my property had contracted the fence out to a builder, they got into a lawsuit over the fence and the price, and it went to jury trial.

so, I was able to keep my strip of property through adverse possession... it wasn't so much needing the property, but the fence was good fence and didn't need to be torn down and moved.

My defence was to have an attorney construct a letter of intent to go to court, stating the facts about the fence.

10 years later and haven't heard another word regarding the fence:rolleyes:

I did find these two webpages regarding adverse possession

searched Oklahoma adverse possession:
http://www.lawchek.com/resources/forms/que/easement.htm


searched Texas Common Law and Texas Civ. Prac. Rem. Code §16.021 onward
http://www.houselist.com/forms/que/advposs.htm