Question about potential adverse possession and my residential fence (Lago Vista: 2014, house)

[ATX2Lago]

Hi everyone! Longtime lurker, first time poster. I'm moving to Lago Vista next week and am about to have the fence installed. The lot next door to my house is vacant, and I'm wondering if there would ever be any threat of adverse possession if I build my fence a few feet inside the shared property line to avoid having to cut/remove trees that are along the property line. In other words, the fence technically would be between the side of my house and the property line shared by me and the future next door neighbor.

For example, could someone later build on that next door lot and claim the 4 foot or so wide strip of land running the length of my property between my fence and our shared property line as their own? I know the adverse possession claim process takes years and legal wrangling, but I'm just trying to find out if it's even something I should even worry about down the road and consider in placing my fence shortly. Just one of those technical things I'm probably overthinking about, but figured I'd ask around. Thanks!

[Austin97]

I would talk to a lawyer. But as I understand it the adverse part of it means that someone has to actively fight for possession. And the squatter has to actively be possessing it.

https://answers.justia.com/question/...ssession-78627


https://www.expertlaw.com/forums/sho...d.php?t=188009

Here are the rules in texas
Adverse Possession in Texas

[FalconheadWest]

4 feet? I wouldn't put it 4' into your property. Maybe 4", but not 4'. If you tell the fence company that you're wanting to work around the trees, there are ways to cut the boards so the trees aren't disturbed.

What happens when the neighbor wants to enclose a fence and then you have to trim those trees and/or mow in between the fences? You want it as much to your line as possible. We built our fence into our property by 2" because neither neighbor wanted to pay for half, so they cannot connect to our fence without paying.

[oldoak2000]

Originally Posted by ATX2Lago

Hi everyone! Longtime lurker, first time poster. I'm moving to Lago Vista next week and am about to have the fence installed. The lot next door to my house is vacant, and I'm wondering if there would ever be any threat of adverse possession if I build my fence a few feet inside the shared property line to avoid having to cut/remove trees that are along the property line. In other words, the fence technically would be between the side of my house and the property line shared by me and the future next door neighbor.

For example, could someone later build on that next door lot and claim the 4 foot or so wide strip of land running the length of my property between my fence and our shared property line as their own? I know the adverse possession claim process takes years and legal wrangling, but I'm just trying to find out if it's even something I should even worry about down the road and consider in placing my fence shortly. Just one of those technical things I'm probably overthinking about, but figured I'd ask around. Thanks!

Right way to do this is to get an accurate survey (and MARK with permanent monument the corners), build fence as you describe, THEN FILE an affidavit of fact (detailing the TWO above items) in the county where this is. Will make it near impossible for anybody in future to claim they 'thought' it was theirs and pursue an adverse claim. Any 'future' surveys will need to include this affidavit in order to be 'accurate'.

[oldoak2000]

Originally Posted by ATX2Lago

Hi everyone! Longtime lurker, first time poster. I'm moving to Lago Vista next week and am about to have the fence installed. The lot next door to my house is vacant, and I'm wondering if there would ever be any threat of adverse possession if I build my fence a few feet inside the shared property line to avoid having to cut/remove trees that are along the property line. In other words, the fence technically would be between the side of my house and the property line shared by me and the future next door neighbor.

For example, could someone later build on that next door lot and claim the 4 foot or so wide strip of land running the length of my property between my fence and our shared property line as their own? I know the adverse possession claim process takes years and legal wrangling, but I'm just trying to find out if it's even something I should even worry about down the road and consider in placing my fence shortly. Just one of those technical things I'm probably overthinking about, but figured I'd ask around. Thanks!

Right way to do this is to get an accurate survey (and MARK with permanent monument the corners), build fence as you describe, THEN FILE an affidavit of fact (detailing the TWO above items - ie inset fence) in the county where this is. Will make it near impossible for anybody in future to claim they 'thought' it was theirs and pursue an adverse claim. Also be sure to install a gate or two in the fence to be able to access your other 4 feet.

[AusParent]

Also maintain the portion of your land outside your fence to demonstrate ownership.