Legal Question in Real Estate Law in Texas
Fence/Property Boundary
I recently purchased a home and have a survey for the property. The fence is off almost ten feet according to the survey. My neighbor does not want me to move the fence closer to the boundary line because he will lose ten feet of his back yard. He has lived in the house for twenty years. I want to move the fence because I bought the property for the size of the plat. He told me not to move the fence until his attorney contacts me. I would like to go ahead and move the fence since my other fences are being replaced. Can I move the fence closer to the boundary?
1 Answer from Attorneys
Re: Fence/Property Boundary
Two things you should do right away - file a claim with your title insurance company. Consult with your attorney, because it looks like you may be defending against an adverse possession suit in the near future. Don't delay - you may need to send a letter to your neighbor ASAP to make sure he doesn't accrue any more time on his adverse possession claim.
Hopefully your title insurance will cover these expenses. At the very least, it should pay you for the area you are not receiving and reform the deed. At most, it should fix the adverse possession problem and defeat your neighor's claim.
If you didn't get title insurance for this purchase, well, next time maybe you will understand the value of it. In any event, go see your attorney right away.
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