Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using our forum. My name is ***** ***** I hope to assist you today.
I am sorry to learn about this dispute with your neighbor.
Adverse possession claims are very rare, the reason for this is that in addition to actually occupying the property for the requisite time period against the title owner's interests, the party claiming adverse possession must also be paying the property taxes for the claimed property as well.
This failure to pay the property taxes (which are usually being paid by the other party, or are simply in default) is usually the biggest problem with making an adverse possession claim.
See this link for a good discussion on this area of law (it deals with this specifically in Texas): http://www.lonestarlandlaw.com/Adverse.html
Your matter appears to be more accurately a boundary line dispute with a trespassing claim against your neighbor, and if the neighbor is attempting to erect a fence on your property - your lawsuit should be addressing these issues (and hopefully the firm that you retained will be dealing with this in that manner).
I do wish you the best of luck.
This publication may be helpful to you (it gives a bit of an overview on lot lines and fence disputes in Texas): https://assets.recenter.tamu.edu/documents/articles/1833.pdf and this link here gives some case law for different common themes or defenses (so it is a good starting point if one of these appears appropriate): http://www.brewerfirm.com/articles/article-legalsausage.html