Fence encroachment (house, moving, deal)

[Theengel]

Hi...I have been in my house in Travis county for a year now, yesterday through tree removal a neighbor scratched up my side of the fence, in the end no big deal but neighbor was hostile saying it’s their fence anyways. Now I checked my survey and it shows that the fence was built 5-8 inches on my property. Now their house is really old so could be potentially that the fence has been there for 20 years I’m not sure though.
But if I want to replace that fence in a few years cause it’s pretty crappy who owns that fence?

[legalsea]

Originally Posted by Theengel

Hi...I have been in my house in Travis county for a year now, yesterday through tree removal a neighbor scratched up my side of the fence, in the end no big deal but neighbor was hostile saying it’s their fence anyways. Now I checked my survey and it shows that the fence was built 5-8 inches on my property. Now their house is really old so could be potentially that the fence has been there for 20 years I’m not sure though.
But if I want to replace that fence in a few years cause it’s pretty crappy who owns that fence?

Unless you reach an agreement with said neighbor, you probably need to have a new survey done.

[ScoPro]

Originally Posted by legalsea

Unless you reach an agreement with said neighbor, you probably need to have a new survey done.

This.
But if the fence is truly all on the OP’s property then he can replace it without the next door jerk’s permission.

[Theengel]

The survey is only 6 months old, a new survey won’t show anything different though. I just want to protect myself so they can’t say in a few years it’s theirs.

[Theengel]

The fence sits 5.5 to 8.5 inches on my property -I’m not worried about the inches per se but worried about said neighbour giving me a hard time replacing a fence that sits on my property if that makes sense.

[ScoPro]

Is the neighbor aware of the survey?

If so, do not worry about what he says. If he wants the fence, tell him to move it over to his side of the survey because you plan on tearing it out to build your own.

Of course, do not expect him to share in the expenses.

If by “hard time”, do you mean he might threaten you?

[Theengel]

I don’t think they are aware of the survey , they probably bought the house and just assumed it’s theirs but I don’t know how old that fence is either. By hard time I meant what if they sue me for removing their fence, even though it’s on my property or they could refuse to move it.

[ScoPro]

Well, make them aware of the survey.
If they bought their house, it was surveyed then. In that case they should know if it is on their property or not.
If they deliberately built it on your property, then that is too bad for them.

[Theengel]

I heard there is some weird rule where they can claim it as theirs after so many years have passed , that’s what I’m also trying to figure out

[ScoPro]

Have heard the same thing mentioned here some time ago, but don’t remember any details.
You might try the search function to find it.