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?
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.