Legal Question in Real Estate Law in Texas

Adverse Posession (if consent?)

If you link your fence X number of feet beyond your property line to simply connect to your neighbor can you BOTH legally make sure that it does NOT fall into adverse posession? We want to do this only if or until he/she extends their fence and have no desire to claim the property as our own. But we want to make sure everyone's rights are protected.


Asked on 4/17/08, 8:16 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Adverse Posession (if consent?)

The best way is to file a boundary line agreement, signed by both owners, in the county clerk's office. Be sure you are correct in the description and the best way is to use the descriptions on the respective deeds. Contact a lawyer if you need help with this.

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Answered on 4/18/08, 10:30 am
Donald Nemec Law Office of Donald C. Nemec

Re: Adverse Posession (if consent?)

Yes. There are a few different ways that a real estate transactions attorney could help you come to an agreement with your neighbor so that everyone's rights are protected. Give me a call or email if you would like to discuss it in more detail. Thanks.

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Answered on 4/17/08, 9:01 pm


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