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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54026
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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A year and a half ago, my husband and I had our land surveyed

Customer Question

A year and a half ago, my husband and I had our land surveyed and found from the survey that our property line extends south by 2 1/2- 3 feet. Last May, we had a property line stone "wall" put up along the southern portion of our property line that is not fenced in. Last August we notified our neighbors of the survey findings. We would like to assure that ownership of our property inside the fenced area belongs to us as per the survey. Our neighbors have not yet lived in their home for 10 years. These neighbors knew from previous conversations with us that our property did extend somewhat beyond the fence and that we allowed them to use it. As per the survey, we have gained a strip of land that we want to claim but would certainly continue to let our neighbors use provided that they are respectful of our property and do not store items on our property or cut limbs from our trees that extend beyond the fence (as long as they don't extend beyond our property line).
Everything we have read suggests that we need to protect what is rightfully ours and that is what we are looking to do. How might we go about doing that?
Looking forward to hearing from you.
Best regards,
Jean Johnson
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Richard replied 6 months ago.
Hi Jean. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 6 months ago.
What you want to be worried about is your neighbor claiming title to this portion of your land by adverse possession or the right to use this land due to prescriptive easement. To prevent either, what you want to do is send your neighbor a letter for your neighbor's consent by signature that your neighbor agrees that : i) you are consenting to the use of this portion of your property; ii) that you have the unilateral right to withdraw that consent at any time; iii) this usage of your property does not give your neighbor any rights to ownership through adverse possession or usage through a prescriptive easement; and iv) your neighbor will not at any time bring any claim against you for adverse possession or prescriptive easement. If your neighbor will agree to sign this letter, you will be protected. If your neighbor objects, you want to let them know you are withdrawing their consent to make any use of your property and prohibit further use. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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