# Property line



## steve holchak (May 18, 2012)

So our house was built 60 years ago. Our neighbors just had surveyors out, this is in Sargent. They're putting a chain link fence up on the property line that their surveyors claim is the line and it's going to cut off half my driveway and access to our house. Where do we go from here. They said we could buy some land if we want them to move the fence over. That ain't going to happen. Is something like this grandfathered? Do I get a lawyer? Or get my own surveyor? where do I go from here.

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## Blk Jck 224 (Oct 16, 2009)

I would hire a surveying company to confirm their claims. If in fact your driveway is on their property, your dilemma would be between the cost of moving your driveway over vs. the cost of purchasing that strip of land. I don't think just because it has been 'overlooked' for years makes it OK when someone discovers the error. Hopefully they don't hire an attorney and try to charge you back rental fees for accessing their property.


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## Fishinjoe (Aug 11, 2018)

Arethey new neighbors? If so and you had easment with previous owner I believe it will hold up by law. Not positive but I would look into it.


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## InfamousJ (May 21, 2004)

Youâ€™re out of luck if the line is where it was found to be. Even if youâ€™ve had and used it all those years prior. First hand experience here with an uncles place that had it happen to. Split his garage in half. Lol


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## ralph7 (Apr 28, 2009)

Blk Jck 224 said:


> I would hire a surveying company to confirm their claims. If in fact your driveway is on their property, your dilemma would be between the cost of moving your driveway over vs. the cost of purchasing that strip of land. I don't think just because it has been 'overlooked' for years makes it OK when someone discovers the error. *Hopefully they don't hire an attorney and try to charge you back rental fees for accessing their property.*


What a incredulous stretch.


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## Ready.Fire.Aim (Sep 22, 2009)

Consider discussing with an attorney that understands recent Texas court rulings on â€œ implied easementsâ€.

Your house has had regular access across the property for 60 years.

See page 2 for an explanation. 
http://assets.recenter.tamu.edu/documents/articles/422.pdf

Good luck !


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## Blk Jck 224 (Oct 16, 2009)

ralph7 said:


> What a incredulous stretch.


Why...Thank You!


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## reelhook (Jan 27, 2006)

You have your own access to your property, so easement is not an issue here. I think this is an encroachment problem. Have your own survey if you have not had one done already.


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## jtburf (May 26, 2004)

Where is the survey from when you purchased the place? I would just lay the two side by side and go from there.

John


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## grittydog (Jan 16, 2008)

Was their some kind of agreement 60 yrs ago, that didnt get updated on a survey? You dont accidentally put a drive way on the neighbors property...


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## fy0834 (Jan 18, 2011)

Looks like reasonable minds could work out a status quo solution.
However, if they have $$$ in their eyes...


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## reelhook (Jan 27, 2006)

Another possibility... your neighbor's surveyor could have read a wrong marker. I have seen it happened twice in the city of Houston.


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## BBCAT (Feb 2, 2010)

Get a new survey of your property and go from there.


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## gigem87 (May 19, 2006)

Go find the survey from when you bought the property, and you title insurance policy.


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## dwilliams35 (Oct 8, 2006)

Adverse possession. Your driveway is an improvement on the property, itâ€™s been that way for years, and youâ€™ve been assuming ownership under a valid deed: youâ€™ve probably got a legitimate claim to it even if the property line does split it.


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## Part Timer (Jul 2, 2012)

dwilliams35 said:


> Adverse possession. Your driveway is an improvement on the property, itâ€™s been that way for years, and youâ€™ve been assuming ownership under a valid deed: youâ€™ve probably got a legitimate claim to it even if the property line does split it.


I think that is a stretch. Otherwise people would just be buying houses with empty lots next door and "improving the land" next to them. Same concept as a squatter.

You should have recognized the error when you purchased the house. Or their survey is wrong.

I think the only way you could have a claim is if your initial survey was wrong when you bought the home.


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## Lexy1 (Jul 12, 2012)

gigem87 said:


> Go find the survey from when you bought the property, and you title insurance policy.


If it was bought 60 years, 99% the survey did not exist or lost.
Here is what I would do:
1) get a new survey (~$400) from a solid company.
2) if it was the same as other guy's survey, talk to him to see what options you have.
3) if it was different, talk to an estate attorney to see what options you have.


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## jebber (Mar 21, 2016)

I would
See if I have my old survey & title policy
Ask neighbors for copy of their survey
Next would be either contact another surveyor or a real estate attorney. 
For a neighbor to suddenly fence off your driveway sounds odd


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## Whitebassfisher (May 4, 2007)

I bet you are upset, and I don't blame you. I would do what Lexy1 above suggested. I am not sure you can say "it ain't going to happen" about possibly buying some their land just yet.


If their survey is right, and they sell you a strip at actual going price vs sticking it to you, I would say they are fair.


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## dwilliams35 (Oct 8, 2006)

Part Timer said:


> I think that is a stretch. Otherwise people would just be buying houses with empty lots next door and "improving the land" next to them. Same concept as a squatter.
> 
> You should have recognized the error when you purchased the house. Or their survey is wrong.
> 
> I think the only way you could have a claim is if your initial survey was wrong when you bought the home.


. Well, thatâ€™s why they call it â€œsquatters rightsâ€...

â€œSection 16.024 of the Texas Civil Practices & Remedies Code states that an owner must file a suit to recover their property from a trespasser within three years when said possession is based on â€œtitle or color of title.â€ In other words, if the trespasser mistakenly believes they own the property due to an incorrect deed, the owner has three years from the discovery of the mistake to act. After three years, the trespasser can sue to claim the property under adverse possession.
However, under Section 16.025, adverse possession may be established after five years if the trespasser meets all three of the following requirements:
The trespasser â€œcultivates, uses, or enjoys the propertyâ€ in some way;
The trespasser pays property taxes on the land claimed; and
The trespasser actually claims the land â€œunder a duly registered deed.â€
Finally, under Section 16.026, adverse possession may be established after 10 years even without making any tax payments or having mistaken title. The trespasser must still be using the land in a manner that is â€œhostileâ€ to the ownerâ€™s interests. And a claim under this ten-year rule may not be used for any parcel of land larger than 160 acres.â€œ

https://www.mylawteam.com/commercial-real-estate/adverse-possession-texas/

Kind of chicken****, but itâ€™s done pretty regularly..


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## Part Timer (Jul 2, 2012)

dwilliams35 said:


> . Well, thatâ€™s why they call it â€œsquatters rightsâ€...
> 
> â€œSection 16.024 of the Texas Civil Practices & Remedies Code states that an owner must file a suit to recover their property from a trespasser within three years when said possession is based on â€œtitle or color of title.â€ In other words, if the trespasser mistakenly believes they own the property due to an incorrect deed, the owner has three years from the discovery of the mistake to act. After three years, the trespasser can sue to claim the property under adverse possession.
> However, under Section 16.025, adverse possession may be established after five years if the trespasser meets all three of the following requirements:
> ...


Very good point.

Based on this, I think you might win. But you wont want to live there because you would have neighbors that hate you. Lol

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## Sunbeam (Feb 24, 2009)

Some bad experience over a property where three different survey companies could not agree. It took ten years to settle. We sold both pieces of property and split the money.


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## Whitebassfisher (May 4, 2007)

dwilliams35 said:


> . Well, thatâ€™s why they call it â€œsquatters rightsâ€...
> 
> â€œSection 16.024 of the Texas Civil Practices & Remedies Code states that an owner must file a suit to recover their property from a trespasser within three years when said possession is based on â€œtitle or color of title.â€ In other words, if the trespasser mistakenly believes they own the property due to an incorrect deed, the owner has *three years from the discovery of the mistake to act.* After three years, the trespasser can sue to claim the property under adverse possession.
> However, under Section 16.025, adverse possession may be established after five years if the trespasser meets all three of the following requirements:
> ...


I am not good with legalese, but apparently the discovery of the mistake just happened. The time clock may have only just now started.


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## dwilliams35 (Oct 8, 2006)

Whitebassfisher said:


> I am not good with legalese, but apparently the discovery of the mistake just happened. The time clock may have only just now started.


. Yes, but the 10 year part in the last paragraph kind of makes that moot. No mistaken title needed with that timeframe, just use the place for ten years, as I understand itâ€™s essentially the same as it being abandoned to you.


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## Whitebassfisher (May 4, 2007)

dwilliams35 said:


> . Yes, but the 10 year part in the last paragraph kind of makes that moot. No mistaken title needed with that timeframe, just use the place for ten years, as I understand itâ€™s essentially the same as it being abandoned to you.


Yes, I see your point and tend to agree.

I remember my dad buying 46 acres about 1974. One of the corners of the survey was outside the fence by several feet. Guessing my dad looked into it legally, but he told me he couldn't move the fence to correct position without neighbor's approval.

Interesting thing happened then .... the fence disappeared! My dad spoke to the neighbor about it. Neighbor said "My granddaddy built that fence so it was my wire and I needed the wire!" My dad said "Fine, then I will put up a new fence, but it is going to be placed on the survey line." The neighbor said no problem about that, so we built fence on the legal line.


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## Hooked (Oct 15, 2004)

I agree with the others regarding getting another surveryor. Had this happen when we bought out place in 1978 about two years after our neighbor bought theirs. Turned out their surveryor made a mistake on one corner of the property which slighted him by about 15'. The original surveyor had to pay to have his fence moved to the new location.


Surveyors are human and sometimes make a mistake. Hope everything works out.


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## pocjetty (Sep 12, 2014)

Ready.Fire.Aim said:


> Consider discussing with an attorney that understands recent Texas court rulings on â€œ implied easementsâ€.
> 
> Your house has had regular access across the property for 60 years.
> 
> ...


Yep. It makes a big difference if it's been there that long. The neighbor probably should have started by discussing it, rather than picking up a hammer.

You're going to hear a lot of stories, but it is very much possible to contest and win, if your driveway has been there long enough. You won't own the land, but you could very well have established an easement there.

I'm dredging through my mental archives - I can't remember if that kind of easement "runs with the land" or not. So it may not transfer if you sell the property. You absolutely need a good attorney if you want to contest. If you're not up for that kind of fight, maybe ask them if you could pay them some money for an easement, which hopefully would be less than buying property from them.


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## RB II (Feb 26, 2009)

dwilliams35 said:


> Adverse possession. Your driveway is an improvement on the property, itâ€™s been that way for years, and youâ€™ve been assuming ownership under a valid deed: youâ€™ve probably got a legitimate claim to it even if the property line does split it.


The rest of that story is that the actual owner of the land has to realize that you are using his land and do nothing to change that.


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## cman (Apr 17, 2009)

GET YOUR OWN SURVEY FIRST. 
Find the pins. *Find old surveys with the county.*

I'll give you my experience- I had a survey done on a property last year to expedite my purchase. This year, I was digging around on the property for other purposes and I discovered the original pin by accident. It added approximately 25' x 5' to one corner. 
That does not sound like a lot but this was important in my case as it brought the property line to the water's edge rather than up the bank. Important if I chose to add a bulkhead. 
I brought the same surveyor out that had surveyed the year before and made them do all 4 corners again. They added property to 3 of the 4 corners. In one case, they had previously used a 6" nail as a pin and later found the rebar.

So yeah- get a survey done and find the right pins. If pins don't exist, look at old surveys with the county. If none of that is in your favor, I'd look at your common law use and I'd probably get an attorney anyway right away if they are already in construction or permitted.


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## Bozo (Jun 16, 2004)

And you have to have been paying property taxes on that parcel of land in dispute, not just your adjacent property.


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## Mont (Nov 17, 1998)

Similar thing happened on a house I bought and once I saw the 4 pins in the ground, I put my fence on the correct line which was a good 3 feet on their side in the back. 

My advice would be to get your own survey done.


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## jtburf (May 26, 2004)

Steve,

What came of the property line issue?

John


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## Rockfish2 (Sep 1, 2017)

Blk Jck 224 said:


> I would hire a surveying company to confirm their claims. If in fact your driveway is on their property, your dilemma would be between the cost of moving your driveway over vs. the cost of purchasing that strip of land. I don't think just because it has been 'overlooked' for years makes it OK when someone discovers the error. Hopefully they don't hire an attorney and try to charge you back rental fees for accessing their property.


Thereâ€™s actually a legal doctrine known as â€œadverse possessionâ€ that may give you some relief, depending on the facts, even potentially to the point of you being able to claim ownership of land that may not have been yours to begin with. I think you should consult a lawyer who knows Texas property law ASAP.


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## trout250 (Aug 24, 2005)

it in matagorda cty and they did charge you taxes for all the concrete that you have on the round. I have had mine surveyed 3 different times, last 2 by same co. part of the survey markers on seagull fall around a light pole or at least on my 2 lots do. good luck
one of the time i had mine surveyed was to make sure of boundary line because a guy down the street kept saying he had 10 more feet on his lot because it was in the curve of the road.


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## Its Catchy (Apr 10, 2014)

Legal advice on an internet fishing forum is worth less than you pay for it and may cost you much more. Proceed with caution.

With that being said I would pay the 400 dollars for a survey. Find out the truth.

You either own the property or you do not. If you do not own the property I do not think you have much in the way of grounds to stand on. Right is right and wrong is wrong. Just because your family has been parking on it for years should not make it "yours".

If the neighbors survey is correct I would simply not use it or pay for it. With that being said Texas law is crystal clear on access and egress.

https://agrilife.org/texasaglaw/201...rt-clarifies-law-regarding-implied-easements/

Good luck and keep us posted.


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## bwguardian (Aug 30, 2005)

Have had this come up a time or two in my daily business. Get another survey done and pay attention to the call outs. About a dozen years ago the requirements changed from the older "1/2" iron rod" to a "5/8" iron rod" marker. So newer surveys are supposed to replace the older rods with the newer rods as needed. 

It is not worth fighting over for the call outs as previously mentioned because more than likely the lawyers will be the only ones to benefit in the end. The only way you stand a chance to fight it is if you can say that the area has been maintained by you for 10+ years for drainage purposes. 

We have a family member that owns a ranch down in south Texas near Laredo. It has been in the family since the 1860's and he has the last parcel in the back. The previous kids have sold off the parcels in the front...it's 5.4 miles in from the highway. In order to get to his place you have to go through 2 other ranches. Long story short, he was locked out about 10 years ago and he had to hire an attorney to get it cleared up.

...and I would do as Mont stated and have them dig up the rod to look at it like they are supposed to, and not just swipe the area with a metal detector assuming it is detecting the rod...


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## jebber (Mar 21, 2016)

bwguardian said:


> ...
> About a dozen years ago the requirements changed from the older "1/2" iron rod" to a "5/8" iron rod" marker. So newer surveys are supposed to replace the older rods with the newer rods as needed.
> ....


Sorry, but that is not true. You can use a nail, a rebar, a pipe or whatever works best in a particular situation. A Surveyor should never* replace a found corner.

In the 1990â€™s they started requiring new corners set to have some way to ID who set them. Typically a cap on a rod or shiner (disc) on a nail that has either your RPLS number or your firm name.

Just FYI

*never say never


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## bwguardian (Aug 30, 2005)

jebber said:


> Sorry, but that is not true. You can use a nail, a rebar, a pipe or whatever works best in a particular situation. A Surveyor should never* replace a found corner.
> 
> In the 1990â€™s they started requiring new corners set to have some way to ID who set them. Typically a cap on a rod or shiner (disc) on a nail that has either your RPLS number or your firm name.
> 
> ...


I've worked with quite a few RPLS over the years and I can tell you non of them would even think about using a nail...but yes on the caps and no on the replacements.


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## hunterjck (Sep 30, 2010)

*Property Line*



Ready.Fire.Aim said:


> Consider discussing with an attorney that understands recent Texas court rulings on â€œ implied easementsâ€.
> 
> Your house has had regular access across the property for 60 years.
> 
> ...


Seems like I remember from my business law course some 70 yrs ago, if occupant has been using the property that long he can claim â€œsquattersâ€™ rights â€œ on it. By all means get a good lawyer with the proper experience.


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## jebber (Mar 21, 2016)

bwguardian said:


> I've worked with quite a few RPLS over the years and I can tell you non of them would even think about using a nail...but yes on the caps and no on the replacements.


Tell all those surveyors to google duranail or pk-nail or mag-nail. Very common in dense urban/downtown areas where you canâ€™t drive a rebar.
Kent has done an amazing amount of work in downtown Austin. - this is an example.


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## TXBohunk (Aug 25, 2017)

I had a similar issue a few years back. In my back hay patch, there was a fence between my neighbor and I. The fence had been there for 50+ years. Out of no where, the neighbor decides to set a corner post about 3 feet on to my property. He claims that is where his surveyor claims the property line should be. I contacted my lawyer and he said that if the fence has been there so long, it IS the property line. Old surveys were not that accurate and it does not matter what his surveyor now claims is the property line.


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## alant (Dec 7, 2006)

My neighbor informed me they wanted to straighten the fence and reclaim a few feet of their property. The previous homeowners moved the fence for some reason. As an FYI, old* google earth pictures will show the drive or fence from more than 10 years ago, so adverse possession can be proved. * I decided not to pursue it legally because I really didn't care to go to war with my neighbor over this little bit of land. I just don't want to pay to move the fence.


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## TheGoose (Jan 22, 2006)

Steve whatever happend with this?


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## steve holchak (May 18, 2012)

They were off a few feet. They thought it went over our slab. We had it surveyed also.
















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## jtburf (May 26, 2004)

Glad it worked out, weird how the house sets at an angle on the property or is that illusion.

John


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## steve holchak (May 18, 2012)

jtburf said:


> Glad it worked out, weird how the house sets at an angle on the property or is that illusion.
> 
> John


No illusion. They must have been drinking in 1963. Their lot is pie shaped, due to a bend in the creek. They built 2 houses on 3 lots, thats why theirs is bigger. Ours is a rectangle, but our house is definitely not parallel to the property line. The bastages allready took out 2 culverts and moved them across the street. We are getting 2 more on our side this week, with a load of limestone


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## bg (May 21, 2004)

dwilliams35 said:


> Adverse possession. Your driveway is an improvement on the property, itâ€™s been that way for years, and youâ€™ve been assuming ownership under a valid deed: youâ€™ve probably got a legitimate claim to it even if the property line does split it.


Legitimate Adverse Possession requires a lawsuit. It's a lot more complicated than "I've been using it and nobody has ever said I couldn't."

We're about a month away from the 10 year statute to file an AP suit on a part of our property, it's a family drama story that's not relevant but, I have actual experience with it so I know about it in real life.


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## cubera (Mar 9, 2005)

Watching this myself.
Got a situation with one of the properties I take care of here in Utopia.
Pie shaped lot next to it just got surveyed for a potential sale.
Come to find out half of the ladies trailer is on the other side of the "new" line.
Everything before the trailer was placed was based on a fence line that was put up in the late 70's. That property has never had any improvements since it's inception..
She doesn't know about it yet, and I'm not about to break the news about it.
Martin, this is about the two lots on top of Thanksgiving Rd right above me.
Keeping an eye on this for sure.


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## kweber (Sep 20, 2005)

sounds like they aren't friendly neighbors...
if so, put an outhouse exactly on your side
leave the side to them open


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## Whitebassfisher (May 4, 2007)

Honestly Steve, it could have been much worse for you.


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## dwilliams35 (Oct 8, 2006)

bg said:


> Legitimate Adverse Possession requires a lawsuit. It's a lot more complicated than "I've been using it and nobody has ever said I couldn't."
> 
> We're about a month away from the 10 year statute to file an AP suit on a part of our property, it's a family drama story that's not relevant but, I have actual experience with it so I know about it in real life.


. I just stated the basis for the principle. I never said it would be easy.


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## bigfishtx (Jul 17, 2007)

Had a similar deal about 8 yrs ago. I have a tract of land and it had an old fence on one side. After Claudette tore it up, the nieghbor and I had it dozed off and rebuilt. A few years later he passed away and the heirs had it surveyed. The fence was about 80â€™ too far on the neighbors side. I get a call from them saying the fence needed to be moved, I asked to see the survey and to meet with the surveyor. 
Next month I get a letter frpm a lawyer telling me I need to move the fence. I call him, send him a copy of a letter from the owner telling me to rebuild the old femce amd bill him for half.
A frw months later I get a call from a new lawyer demanding that I move the fence. I told hom what I had told the other one, I want to see the survey ect . Then I get a lawsuit served to me over the matter. I still had never seen the survey!
So I had to hire my own surveyor, and an attorney. The fence was in the wrong spot, it had been over ten years, I could have TRIED to claim adverse possession etc. we gave them three options: Sell me the 8 acres inside my fence, lease me the land on a 10 yr lease, or, they could move the fence at their own expense.
They ended up moving the fence. Fyi, they were selling the property anyway and could have saved lots of money, but they were convinced I was trying to steal their land.
City slicker morons.


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## Imtheman (Sep 28, 2018)

bigfishtx said:


> Had a similar deal about 8 yrs ago. I have a tract of land and it had an old fence on one side. After Claudette tore it up, the nieghbor and I had it dozed off and rebuilt. A few years later he passed away and the heirs had it surveyed. The fence was about 80â€™ too far on the neighbors side. I get a call from them saying the fence needed to be moved, I asked to see the survey and to meet with the surveyor.
> Next month I get a letter frpm a lawyer telling me I need to move the fence. I call him, send him a copy of a letter from the owner telling me to rebuild the old femce amd bill him for half.
> A frw months later I get a call from a new lawyer demanding that I move the fence. I told hom what I had told the other one, I want to see the survey ect . Then I get a lawsuit served to me over the matter. I still had never seen the survey!
> So I had to hire my own surveyor, and an attorney. The fence was in the wrong spot, it had been over ten years, I could have TRIED to claim adverse possession etc. we gave them three options: Sell me the 8 acres inside my fence, lease me the land on a 10 yr lease, or, they could move the fence at their own expense.
> ...


In all of these threads â€œadverse possessionâ€ Is always brought up.

My dad had an issue the where he came home and there were fence post and strings down the middle what he thought was his road. He filed an adverse possession suit. The landowners showed up with the survey, County plat, and their tax records showing where theyâ€™ve paid taxes on the land. My dad showed up with pictures showing the established existing road and some other BS. He lost. (and as far as Iâ€™m concerned he should have)

Itâ€™s not as cut and dry as people think of make it sound.

And honestly, if you are objective, itâ€™s state sanctioned theft. You are condoning taking away someoneâ€™s land, which they bought, paid for, and are currently paying taxes on, because someone in the past put up a fence or something along a cow path or in a place of convenience at the time.
And I canâ€™t really envision what that looks like if you win. Is the county plat redrawn, property description revised and taxes re-assessed on both you and your neighbors property? Is he refunded the taxes on that land and you billed?


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## bigfishtx (Jul 17, 2007)

Imtheman said:


> In all of these threads â€œadverse possessionâ€ Is always brought up.
> 
> My dad had an issue the where he came home and there were fence post and strings down the middle what he thought was his road. He filed an adverse possession suit. The landowners showed up with the survey, County plat, and their tax records showing where theyâ€™ve paid taxes on the land. My dad showed up with pictures showing the established existing road and some other BS. He lost. (and as far as Iâ€™m concerned he should have)
> 
> ...


Right, Adverse possession is not that easy. I doubt it that anyone pays taxes on land that is not theirs. The county has the deeded info on your land and you are paying taxes on that. 
Sometime is is best to settle it, cut your losses, and walk away. My experience was it they had just let me meet with the surveyor and he showed me the stakes he was using for a reference, I would have acknowledged it and told them it was a mistake and then given them the same three options. It would have saved both of us money.


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## EddieL (Feb 3, 2011)

A friend had a similar problem when he got some not so nice new neighbors who made a bunch of threats as well. He was likely in the wrong and of course had been for many, many years, but after we talked (and since they were bona fied arses), he rented a good metal detector, located the pins and moved the pins himself. Digging them out without making the ground look too disturbed was the hardest part. He then called another surveyor and sure enough he had no more problems.

Not sure if that is called ******* adverse posession, or just finding the laziest surveyor he could find. Funny how stuff works sometimes.

The thing is that it was only discovered because the new buyers got the property surveyed. Likely is would have been an exception on their title policy anyway so suing would have required a hefty upfront retainer on their end.


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## bigfishtx (Jul 17, 2007)

EddieL said:


> A friend had a similar problem when he got some not so nice new neighbors who made a bunch of threats as well. He was likely in the wrong and of course had been for many, many years, but after we talked (and since they were bona fied arses), he rented a good metal detector, located the pins and moved the pins himself. Digging them out without making the ground look too disturbed was the hardest part. He then called another surveyor and sure enough he had no more problems.
> 
> Not sure if that is called ******* adverse posession, or just finding the laziest surveyor he could find. Funny how stuff works sometimes.
> 
> The thing is that it was only discovered because the new buyers got the property surveyed. Likely is would have been an exception on their title policy anyway so suing would have required a hefty upfront retainer on their end.


Most surveyors will located several reference points, but I am sure there are plenty of lazy ones that just find one to start with!


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## 1fisher77316 (Oct 30, 2004)

Also contact the title company that handled your closing. You have a Title Policy that "guarantees" the property as stated in your survey. Good luck!
Tight lines-


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## stammster - temporary (Jul 20, 2009)

bigfishtx said:


> Had a similar deal about 8 yrs ago. I have a tract of land and it had an old fence on one side. After Claudette tore it up, the nieghbor and I had it dozed off and rebuilt. A few years later he passed away and the heirs had it surveyed. The fence was about 80â€™ too far on the neighbors side. I get a call from them saying the fence needed to be moved, I asked to see the survey and to meet with the surveyor.
> Next month I get a letter frpm a lawyer telling me I need to move the fence. I call him, send him a copy of a letter from the owner telling me to rebuild the old femce amd bill him for half.
> A frw months later I get a call from a new lawyer demanding that I move the fence. I told hom what I had told the other one, I want to see the survey ect . Then I get a lawsuit served to me over the matter. I still had never seen the survey!
> So I had to hire my own surveyor, and an attorney. The fence was in the wrong spot, it had been over ten years, I could have TRIED to claim adverse possession etc. we gave them three options: Sell me the 8 acres inside my fence, lease me the land on a 10 yr lease, or, they could move the fence at their own expense.
> ...


Thatâ€™s a long fence - just shy of a mile.


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## ol'possum (Jan 20, 2017)

steve holchak said:


> So our house was built 60 years ago. Our neighbors just had surveyors out, this is in Sargent. They're putting a chain link fence up on the property line that their surveyors claim is the line and it's going to cut off half my driveway and access to our house. Where do we go from here. They said we could buy some land if we want them to move the fence over. That ain't going to happen. Is something like this grandfathered? Do I get a lawyer? Or get my own surveyor? where do I go from here.
> 
> Sent from my LG-H700 using Tapatalk


did you buy your property without a survey? did you pay cash and not review a survey?? thats on you sorry to say, neighbor have every legal right to his use of property as legally recorded and insured


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## bigfishtx (Jul 17, 2007)

stammster said:


> Thatâ€™s a long fence - just shy of a mile.


Yes it was. Pretty dumb to move it, wasnâ€™t it?


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