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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6855
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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If a fence line has been in place more than 7 years can it

Customer Question

If a fence line has been in place more than 7 years can it become the property line
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Has any paperwork been filed?
Customer: not sure this has ben surveyed and is 14' from fence line
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 month ago.

Good afternoon and thanks for using Just Answer.With regard to acquiring title to property by adverse possession, Texas has three different holding periods depending on the circumstances. Three Years when the property is held with "color of title", i.e.by a person who believes they have title by way of a deed. Five years for a holder who has cultivated the land, plus paid the taxes on it, along with the other elements of adverse possession. Finally, 10 years for all other claims, which appears to apply to your situation. In your case, if all that the neighbor did is build a fence and kept it there for seven years, they will not have fulfilled the statutory time of 10 years. I caution that must take action to terminate a holding by adverse possession before the statutory period has run. That is usually done by bringing suit to eject the person from the disputed parcel of land.

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Expert:  Irwin Law replied 1 month ago.

Hello again. I hope that my Answer has been helpful. If you have a follow up question or need more information, please let me know by sending a Reply. Otherwise, I hope that you will enter a FIVE STAR rating. Bonuses are nice, but not required. Enjoy the day, and thanks again for using JUST ANSWER.

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