Legal Question in Real Estate Law in Texas

Property Ownership

In 1978 my neighbor built a fence inside his surveyed property line. A new owner left the fence where it was. Now another new owner is moving in. since I have garden and irrigation installed in that area, it would be costly if the new owner wanted to move the fence over to the property line shown on his survey,after all this time. Can I make claim to the property that is on my side of this original fence since so much time has passed?


Asked on 6/14/00, 6:08 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Property Ownership

One usually cannot claim adverse possession of another's property unless the possession was "hostile" to the owner, meaning that using the land with permission does not qualify.

A better approach might be to speak with the new owner and see if s/he will continue the prior owner's permission, or sell you the land at a reasonable price. The sales price is usually much lower than the price to litigate the question.

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Answered on 8/08/00, 9:50 am


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