Legal Question in Real Estate Law in Texas
recently had a survey done as part of a refinance. it appears that our house my be 17 feet over the next property (5 acre tracts.) the property next door has changed hands 3 times since we have lived in our house with at least 2 surveys done and no one has ever mentioned our house is over the line. any suggestions?
1 Answer from Attorneys
First, talk with the neighbors about the issue and see if they have their survey from when they bought the property. Next, take your survey and their survey and contact a completely different survey company and give them both the surveys and have at least your property resurveyed. This will cost money but it is necessary. The old surveys could be wrong or the new survey could be wrong, who knows. Anyway, once you are certain that the you have correct surveys you will need to have the deeds fixed which may mean that the neighbor will have to deed you the 17 feet or whatever the overage is finally determined to be. Depending on your relationship with your neighbor they might want to be paid to do this. However, you have to fix this or you don't own part of your house or property. Any local real estate attorney can help you with this for a reasonable fee.
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