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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36962
Experience:  Texas Attorney for 30 years dealing in real estate
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Ray, We live in Huffman TX on just over 4 acres, we built

Customer Question

Hello Ray, We live in Huffman TX on just over 4 acres, we built fences primarily to keep the horses in/safe riding area etc. The fences have been up for 15 years. The lot beside us was purchased and they surveyed the property line and found that the fence at the front of the property was ok but then veered onto their side as it went to the back of the property over by the barn. aprox 1700 sq ft in total. They have sent us a letter to move the fence and foliage recently planted (30 plants) or they will demo it? Nice way to meet your new neighbors... what are our options? It is an expensive fence to keep the horses in, I'm hoping they would be reasonable but since they sent the demand letter I'm not to sure where we stand.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you tonight.

You need a local lawyer here.You can file suit to quiet title claiming this by adverse possession.You have used this continuously fro more than 10 years.Your lawyer would have the court award you clear title tot he disputed property.

Here is the law

ex. Civ. Prac. & Rem. Code § 16.026 (Ten-Year Statute [“Bare Possession Statute”]):

(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.

(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.

Your lawyer can respond and threaten such a suit here.The law here in Texas is clearly on your side since you have fenced it and used it for this period well in excess of 10 years.

http://www.lonestarlandlaw.com/Adverse.html

I appreciate the chance to help you tonight.Thanks and the best here.

Customer: replied 9 months ago.
Thank you - what would be the estimated legal fees & other costs to file adverse possession?
Expert:  Ray replied 9 months ago.

Roughly $2k-$2,500 with fees here,,legal and filing fees.

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