Legal Question in Real Estate Law in Texas

land dimensions

We have a lot that measures 50x167 according to the appraisal district and our deed. Land surveryors for an adjecent lot are saying that our neighbors land extends into our property, according to their deed. What can I do?


Asked on 9/11/07, 2:52 pm

2 Answers from Attorneys

Spencer Gardner Spencer Gardner, Attorney & Counselor at Law

Re: land dimensions

What do the surveyors mean by the neighbor's land extending into your property? If they mean that there is a fence or structure of some sort that encroaches onto your land or that your fence or structure encroaches onto your neighbor's lot, then (1) the offending party will have to remove the encroachment; (2) the offending party will claim that the additional land was acquired by adverse possession; or (3) the parties agree to redraw the line and money changes hands. If there is no encroachment, it is possible that one or more of the surveys was not correct and you will have to hire your own surveyor (not the one that surveyed your neighbor's lot) and see if they agree. There are other possible issues but the ones listed are the more likely. You should also check your title insurance.

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Answered on 9/11/07, 3:11 pm
Cheryl Rivera Smith The Smith Law Firm

Re: land dimensions

Hopefully you bought title insurance when you purchased your property. If that is the case, tender a claim to the title company (instructions are on your policy), and see if you have coverage for this problem. If so, they can help. If not, then call an attorney and have him or her look at your documentation.

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Answered on 9/11/07, 4:59 pm


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