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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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My family has owned my property in rural Co. Texas since the

Customer Question

My family has owned my property in rural Washington Co. Texas since the 1800s. We used to run cattle there part time but don't know as we are trying to build the wildlife up in the area as my property is one of very few with brush and cover. The property adjacent to mine was sold and turned into a country subvision (low quality built homes selling for a good price with high dollar subdivision restrictions. Then 17 acres of that property that is directly next to mine on the left was sold again. It is being used to "farm". When this new owner purchased the property i received a letter asking if I'd like to lease my place to him for cattle. I said not at this time. I'm not certain of the date , but my sons and I believe it to be about 2 yrs ago.... my son went to check our property and found that our fence had been dozed down and all the trees, brush, etc was pushed into my property. I have confirmed with each of my family members... NOBODY never received a a call asking about dozing the fence down or even to discuss it. I cannot get through to the back side of my property due to the brush that was piled up. The fence that was there wasnt great but it kept the original owners cows out of my property and served as a close reference to property linden. Now withheld. I shouldn't have to hear the expense of having the place surveyed since he tire property lines down. The original owner of that property had owned a large tract for many many years just like my family has. Mr Wagner who now owns the 17 acres next to me stated he did not have his property surveyed when he purchased it.
What can I legally do about this? I'm divorced and on ss disability and intend to put a home on my property but I can't even drive through it because of the mess. I hope I have given enough information for you to thoroughly understand my situation. Btw.... this property is very rural.... about 18 miles from town. Thank you.
Submitted: 12 days ago.
Category: Real Estate Law
Expert:  Barrister replied 12 days 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.

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Your recourse here is to get an estimate on having a new survey done and a new fence installed and then sue the neighbor for trespass to property and destruction of private property for taking your fence down. If the cost is under $10,000 you can sue the neighbor in small claims court and don't need an attorney. The clerks will have the summons and complaint forms that you need to file to start the case.

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If you didnt' want to jump right to litigation, you could have a local attorney send neighbor a "demand letter" for the damages and costs to repair and reinstall the fence under threat of suing him for more and attorney fees. Sometimes just a threatening letter will be enough to "encourage" the other side to settle rather than get dragged in to court to lose.

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thanks

Barrister

Customer: replied 12 days ago.
Thank you. Is there any statute of limitations regarding timeline to take action ?
Expert:  Barrister replied 12 days ago.

Yes, there is a 2 year statute of limitations for both trespass and injury to personal property (i.e. the fence).

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thanks

Barrister

Customer: replied 12 days ago.
I'm going to appraisal site now to see when he bought property.
Expert:  Barrister replied 12 days ago.

Ok, but it is 2 years from the actual "injury" that you received, not necessarily when he purchased the property. So you would proceed assuming that it was less than 2 years and make him prove it was over 2 years if he wanted to fight about it...

Customer: replied 12 days ago.
Ooookay!!! Thanks! Burden of proof falls on him .... I don't have a local attorney ... only one I've dealt with was my divorce attorney and he was awful. Leaving me high and dry with nothing done just before seeing the judge! But after finding out what all hadn't been done no other attorney would take the case so luckily we are a pretty small town and I knew the judge so he told me to contact his office and they helped me get info to learn how to do it my self. I'm not an attorney by any means but I'm quite proud for standing up to by exs bullying , dishonest attorney. Lol
Expert:  Barrister replied 12 days ago.

Kind of... The burden of proof is on you to prove he tore down your fence and pushed all the brush up on your property...not too hard with photos. But the SOL is a defense that he has to raise to try to use it to defend.

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And yes, there are a lot of slimy attorneys out there... except here on the JustAnswer site... some of the best in the biz..

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Have a great evening!

Barrister

Customer: replied 12 days ago.
Thanks!
Expert:  Barrister replied 12 days ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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