Legal Question in Real Estate Law in Texas
property boundary lines
Our house was built in 1928 as a part of a block of houses. At that time the builders of the houses did not know the true boundary lines for the lots. The houses are all built with about 5 feet into the next lot( people only found this out after a survey 50 years ago or so). Our neighbors house was sold this year after our neighbor-102 years old and the sole owner of the house for all these years died. We have lived here for 61 years. Part of our garden on the side actually belongs to that lot-just as the 5 feet on the other side of our house really belongs to our lot but is our neihbors lawn. The house was sold by the neighbor's daughter and now the new owner wants to tear it down and build a new house and utilise the 5 feet that is technically their lot but for 61 years the neighbors have all observed the boundaries as the builders did in 1928. Can we do anything to keep our 5 feet ? we like our garden and bird feeder. Thank you very much
1 Answer from Attorneys
Re: property boundary lines
Yes. You own that 5 feet under the laws of adverse possession. To obtain marketable title, you will need a court order or a quitclaim deed from the neighbors. It may necessitate a trial if the neighbors are unwilling to quitclaim the interest for you to obtain a declaratory judgment. The cost of litigating the issue will probably be $2,500 to $5,000.
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