Legal Question in Real Estate Law in Texas

deed history vs/tax history

I purchased property 13 years ago We did not do a survey, tax records show taxes being paid on 111.5 ft of the n 1/2 lot of block 13. Deed records show purchase of 66 ft of fenced property. We had never challenged ownership of the additional 45 ft of unfenced area believing it was an old utility/solid waste collection easement. There is a utility pole still in use. Otherwise vacant backyard. Recently we extended our fence to include some of this property no longer in use which we have been paying taxes on. PROBLEM- A builder has purchased the property directly beside me and now claims ownership of the 45ft of property incorporating the utility pole and a neighboring homeowners bedroom and driveway. He says he has a survey and the property is now his. Do we have any legal rights on this property or do I have to move my fence back. If there are really no original field notes, how can a new surveyor determine 100 year old meets and bounds? Also who gets the trees on the property line now?


Asked on 9/04/07, 9:10 pm

2 Answers from Attorneys
Johm Smith tom's

Re: deed history vs/tax history

One thing is certain, you need a real estate attorney or you will lose this land, if it is in fact yours.

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Answered on 9/04/07, 11:09 pm
Cheryl Rivera Smith The Smith Law Firm

Re: deed history vs/tax history

You are dealing with an adverse possession issue. You need to consult ASAP with an attorney to examine the exact facts of yours and the adjacent property. Since there is an adverse claim, you will need to quiet title to perfect your interest if there is one.

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Answered on 9/06/07, 6:05 am


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