Legal Question in Landlord & Tenant Law in Texas

Need help on Adverse Possession question...

I have lived in my home for 21 years and their have been four new neighbors living next to me since I moved in on July 1 1993. Apparently this new neighbor had a survey done and told me that the fence (that the builder originally put up 22 years ago) is three inches on his property and he wants me to tear it down and put up a new one all at my cost.

If I do that I will also have the added cost of moving all my air conditioning equipment and pool equipment as well.

This guy is the fourth owner and no home owner before brought this property issue up...I guess I need help on what to do next since he said that he is hiring a lawyer to get me to tear my fence down.

Thank you.


Asked on 10/31/14, 10:18 am

1 Answer from Attorneys

My first thought is that the guy is an idiot to waste that much money over three inches unless there is some very good reason why those three inches matter to him. If I were his attorney I would suggest he obtain a second survey to make sure the first survey is accurate. A lawsuit based on a flawed survey could be a huge waste of money.

The correct answer here is that you need to hire an attorney to determine your rights and defenses in the event you are sued. The language in your title, whether you paid taxes and how long that fence has existed where it is can all seriously affect whether you have adversely possessed those three inches for long enough to defeat any suit brought. You are better off letting an attorney do the research for you now so you aren't caught trying to chase your defenses after suit is filed.

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Answered on 10/31/14, 10:12 pm


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