Legal Question in Real Estate Law in Texas

Fence Encroachment

A developer just purchased some land behind and next to ours. Our fence was put up according to the original survey stakes, 23 years ago. They are still there in cement. We have not had our land surveyed since we received a copy of the original survey from the mand we purchased it from. Now the land developer wants to take 30 feet of our property, saying the original survey was wrong. He had his land surveyed, but not ours. Also, his land begins at a road, which is where he started his survey. Is there a such a thing as a grandfather clause. I don't have the money for an attorney or to have my land surveyed, but his attorney says I have to pay to have my land surveyed. What can I do besides be out money for an attorney and surveyor.


Asked on 4/13/07, 4:47 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Fence Encroachment

It sounds like you have more right to the land then they have to it. Depending on the facts, you would have already gotten ownership of the land. Don't give up the land or let your fence be changed, but you will probably need an attonrey on this if they don't drop it.

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Answered on 4/13/07, 6:22 pm


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