Small Claims Court Experience with Boundary Issues

[resonator]

My lawyer, (realestate guy), owns part of a title company. He says none have ever paid a claim in TX ever. Laws on their side, and read your policy on exclusions.

[TexasRedneck]

Originally Posted by resonator

My lawyer, (realestate guy), owns part of a title company. He says none have ever paid a claim in TX ever. Laws on their side, and read your policy on exclusions.

I would question that....since I know from personal experience of at least two title insurance company claims that have been paid - a (relatively) small one to me of just under $10k, and another to my father of over $100k.

Oh - and a cousin just won her lawsuit that a title company will be paying, as well.

[flashfearless]

Originally Posted by dastexan

Honestly, when the fence was built in 2004 on your property line you should have taken action.

I wasn’t the owner then. I bought in 2015.

[WilGar]

Why not cede the property to the HOA?

[resonator]

If the title company misses anything that exists in the county records, then they are responsible. Everything else is exempt.
They use contractors to do the searches, one contractor works for many title companies. I'll bet they are charged back by the title co. for anything they miss.

[Zone Read]

Don't take advice from people on a forum. See an attorney. I am an attorney but I do not practice real property law.

Google the term "adverse possession." There are specific situations where you can lose your real property if certain conditions have been met for a certain period of time. It varies by state, so make sure it's Texas specific. This is not legal advice and there is no attorney-client relationship created here.

[CamillaB]

Originally Posted by Zone Read

Don't take advice from people on a forum. See an attorney. I am an attorney but I do not practice real property law.

Google the term "adverse possession." There are specific situations where you can lose your real property if certain conditions have been met for a certain period of time. It varies by state, so make sure it's Texas specific. This is not legal advice and there is no attorney-client relationship created here.

Sounds like implied permission as well, or "squatter's rights" as it's known in some places. My family in Ireland lost land to a neighbor when my great grandfather allowed this man to let his sheep graze there and after the man passed away his daughter was offered money by EireCom to erect a cell phone tower on the land. She went to court to claim the land (money was in it for her) and my family couldn't locate the deed so poof, there went the farm.