Legal Question in Real Estate Law in Texas

Property Bounderies

I recently purchased 17 acres of land in Navidad Oaks Estates in Lavaca County Texas. I now find a old fence erected by a neighbor is two feet across my boundery. I need to put a fence up on my property line for ag. purposes. The old fence is a three wire fence opened on one end and erected for boundery purposes only. Can I tear down this fence erected by the neighbor? Or can I leave his fence and put my fence on my boundery line? Or did I lose the land because the previous owner did not have the situation corrected previously?


Asked on 1/29/01, 10:05 pm

1 Answer from Attorneys

Re: Property Bounderies

Probably the path of least resistance is to notify the neighbor of the mistake and then offer to put up the new fence. I'm assuming that you had a new survey done that showed the boundary. As to whether you lost the land, that would depend on a host of factors, such as the time the fence was erected, the intent of the person who erected the fence, etc.

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Answered on 3/15/01, 11:25 am


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