Legal Question in Real Estate Law in Texas
Texas Fence Law
My new Neighbor says my fence is on his fence line. If I was given oral permission by the previous owner and the fence has been there for three years, is there any kind of law that states that it cannot be torn down. A creek is also involved in the property line.
HELP!
1 Answer from Attorneys
Re: Texas Fence Law
Your new neighbor can take the fence down. It has not been up long enough to give you any prescriptive rights, and since your agreement with your prior neighbor was not reduced to writing and filed of record in the real property records, it is not enforceable against subsequent owners. If I were you, I'd try to offer him something in return for letting the fence remain. There may be an argument for the creation of an easement here based on actual use; some research would need to be done to see if that could be viable.
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