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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33784
Experience:  15 years real estate, Realtor. Landlord 26 years
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This questions concerns encroachment. My neighbor next door

Customer Question

This questions concerns encroachment.
My neighbor next door is a compound of town homes. The fence has been there since I moved into my home, which was newly built, thirteen years ago. and it happens that I am encroaching on their property. We both know this and they seem to be indifferent about the property line AND they want to take the fence down but I would prefer the (Or a fence) remain in that location. How do I go about getting that portion of encroachment legally claimed as my property?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..If you have had the fence up for 13 years, then you would meet the statutory requirement under TX law to claim that land you have fenced under the "adverse possession" laws. You only have to use and possess land for 10 years under TX Code to be able to claim it..But in order to become the legal owner, you would have to file a "Quiet title" lawsuit against the record owner, get an updated survey, and then prove that you have had it fenced for over 10 years. Once you do so, the judge would issue an order stating that you are the legal owner of that area you have fenced and maintained...thanksBarrister

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