Legal Question in Real Estate Law in Texas

My neigbhors fence encroaches my property by 3'. I purchased my home in 9/2007. The neighbor has been their since 1996 and placed the fence there about 1997. I cannot access this side of my property without their permission. The survey is clear as to where the property line is and the fence location. The neighbor's original survey does not show a fence in this location. It was added when the neighbor did not want to see the previous owners stuff on that side. Can I remove the fence? Do they have adverse possession?

I've tried to speak with them but they are unwilling at this time.


Asked on 3/31/10, 4:00 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Only a judge can decide, but I would bet they acquired the property via adverse possession. Don't move the fence. Check your title policy, you may have a title claim.

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Answered on 4/06/10, 6:39 am


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