Legal Question in Real Estate Law in Texas

I have lived in my home for 32 yrs and have a survey (from 1953) and the legally recorded plat for the block. To the north of me there has been a vacant lot for probably 40 yrs in which someone is now building a new house. The owner of the property has had a surveyor come out and survey the lot to the north and to the east of me. This survey is showing to take in over 3 feet of my property in which my survey shows to be mine. I have placed a fence on this line and a row of hedges over 25yrs ago. This person just went out there and started cutting down my hedges because he says that it is his property now. I have been told that there is something called ownership by adverse possession. I need to know what to do. I want to know if this is something I can file myself or does it take a lawyer and what are the costs? Please help me.


Asked on 6/09/11, 6:33 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Get photos of the exisiting fence and hedgerow now before they're gone; such will be critical evidence. Yes, you need a lawyer, and your own new survey too. Trying a lawsuit to establish your title will cost tens of thousands, but you may be able to stick your neighbor with your legal fees or resolve the matter short of a trial if you establish your claim clearly and your neighbor and/or his lawyer are resaonable.

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Answered on 6/10/11, 4:53 am


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