Fence encroachment (attorney, property, file)

[TexasHorseLady]

Originally Posted by Theengel

Yes it shows the fence in question on the survey, it’s on my property from 5.5-8.5“.
No filed claims exist...I’m worried though if two years down the road they can attempt to claim adverse possession and since they are hostile I can’t really talk to them with common sense.
I wish .

First stop is a real estate attorney. Adverse possession is a bit more complicated than just using someone else's property (now - it used to be easier). The attorney will likely need to tell you that you need to let them know that their fence is on your property and that they need to remove it or you will be removing it and replacing it with a new fence.



You should be able, depending on county, to find out by going to the tax appraisal district and looking at the ownership history of the property when they purchased it. That might be helpful.

[Theengel]

I had my real estate agent check , last time their house sold was 1988, but their fence that’s encroaching is not that old. How old I’m not sure but not 20 years.

[Austin97]

Originally Posted by Theengel

I had my real estate agent check , last time their house sold was 1988, but their fence that’s encroaching is not that old. How old I’m not sure but not 20 years.

a landowner has 10 years to fix the problem.

[Theengel]

And what if they haven’t filed for adverse possession within those 10 years?

[TexasHorseLady]

Originally Posted by Theengel

And what if they haven’t filed for adverse possession within those 10 years?

Ask your title company - they should have caught any such filing or cloud on title.

[Theengel]

Talked to them today, nothing has been filed. Wonder if I should try to just send them a letter myself explaining to the neighbor the situation, this is so confusing a out what the right thing to do is

[atxcio]

Originally Posted by Theengel

Talked to them today, nothing has been filed. Wonder if I should try to just send them a letter myself explaining to the neighbor the situation, this is so confusing a out what the right thing to do is

I know it is very, very tough going through these kinds of things. Property line and fence issues are really sensitive for both sides, anything the other neighbor does can feel like a very personal violation. Just know that this is not uncommon — I think just about every homeowner eventually deals with something like this. It happens, it’s bad for awhile, then things will get better one way or the other.

One other route you might look into... do you have an HOA? You could talk to them. They’d probably want an ACC application anyway for a new fence.

[Theengel]

No HOA.... I’m torn if I should write my own letter first before involving an attorney , worried that a lawyers letter makes them more hostile ...

[TexasHorseLady]

Originally Posted by Theengel

No HOA.... I’m torn if I should write my own letter first before involving an attorney , worried that a lawyers letter makes them more hostile ...

If you don't want to go the lawyer route to start, you say you're planning on replacing the fence down the road. Perhaps you could move that up, and tell them you're putting in a fence on your property line and your survey shows that the current fence is several inches onto your property and you'll be putting the new fence on your property line. `See what kind of reaction you get and that can tell you whether or not you want/need to talk to a lawyer. If their hostility over the fence hasn't convinced you already.

[TexasHorseLady]

You might find this useful i determining your next step. Note that you need to move quickly now that you have discovered the discrepancy.





Findlaw Property Boundaries, Lines and Neighbors FAQ