Legal Question in Real Estate Law in Texas

Hello. My mother owns a house in a approx. 30 yr old subdivision.

A fence has been build around this place at least 15, maybe even 30 years ago.

Just recently the neighbor made a survey and told my mom that her fence is approx. 1 ft. on the neighbors property.

First concern is that three decades back, they may have has less accurate equipment to do the surveys. If there is a new survey made with lasers or whatever they use it's most likely that the results may differ a bit. Everywhere.

Even if this survey of the lady is right: Do we need to move the fence after so many years?

To me this seems to be a minor thing. And it's been like this since forever.

I wonder if there is no law which protects people like my mom in cases like this.

Any advice is highly appreciated.


Asked on 4/26/10, 4:17 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Actually your mother has acquired the property by means of adverse possession since the fence has been there for over 10 years. If she doesn't want the property or create ill will with neighbors, she and neighbor can execute a boundary line agreement.

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Answered on 5/02/10, 7:53 am


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