Legal Question in Real Estate Law in Texas

Someone moved the survey stake

WE purchased unimproved land this year that had a survey done in 1962.There has been no changes to the land so we were allowed to use that survey.The previous owners lived out of town and never improved at all. The survey stake has been moved and the neighbor has put up a fence and a mobile home. There was no one there to stop him and it has been that way for about 2 years. What should we do? I know we may be looking at some time lines. We have had the place for a little over 2 months. I don't believe he had permission to do any of this.


Asked on 6/05/02, 8:36 pm

1 Answer from Attorneys
Michael Dover Michael A. Dover, PC

Re: Someone moved the survey stake

Your question involves a potential application of the legal doctrine of adverse possession. If an adverse claimant remains in open, continuous, and adverse possession of real property for 10 years, then that adverse claimant can obtain title to the land by adverse possession. In your situation, it the adverse claimant has only been in possession for 2 years, then you need to consult with an attorney about bringing an action for trespass against the adverse claimant in order to end the adverse possession and clear title to the property.

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Answered on 6/05/02, 9:37 pm


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