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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have filed a lawsuit against our neighbor's on June 3-4 he

Customer Question

My Name is ***** ***** filed a lawsuit against our neighbor's on June 3-4 he came to let me know he was taking 2feet of his yard back ! My husband has taken care of this area for 9tears they moved in Fed 2007b we move in July 2007,and never never said a word but then again he is alway's geting notice's of violation to mow his lawn then he does it if he feel's like it.My husband love's lawn work if it his lawn and we alway's thought it was our's we didnt have no reason not to,well when the fence went up my husband came from work and he measured and the worker got mad because my husband told him the fence was crooked,So he went looking for the neighbor and the neighbor took up an additude and he wanted to fight and stared cussing ,it got ugly he wanted to fight my husband and his wife cussed me out when i have alway's been so nice to them and their children ,But im glad i found out her true self.Anyway I want to know if i should have filed for Eniment Doimain,I have been reading alot about this and this fit's us,The only thing is Jeff my husband told that contractor not to go on property when he put the post's in the groung which they did.They said in court in Collin County that for me to call in 2 week's to see if he has been served,Will the court allow us to say we want eniment doimain?We didn't know what to do but the City say's we have a great survey and that that fence is our's etc...Yet they don't want to help ,He had no permitt and we hired the survey to be done,What can we do?
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn about this dispute with your neighbor.

Adverse possession claims are very rare, the reason for this is that in addition to actually occupying the property for the requisite time period against the title owner's interests, the party claiming adverse possession must also be paying the property taxes for the claimed property as well.

This failure to pay the property taxes (which are usually being paid by the other party, or are simply in default) is usually the biggest problem with making an adverse possession claim.

See this link for a good discussion on this area of law (it deals with this specifically in Texas):

Your matter appears to be more accurately a boundary line dispute with a trespassing claim against your neighbor, and if the neighbor is attempting to erect a fence on your property - your lawsuit should be addressing these issues (and hopefully the firm that you retained will be dealing with this in that manner).

Customer: replied 11 months ago.
We are representing ourselve's in Court ,The Lawyer that we did find left her Firm for Arkansas,So wish us luck....Ms.Small
Expert:  CalAttorney2 replied 11 months ago.

I do wish you the best of luck.

This publication may be helpful to you (it gives a bit of an overview on lot lines and fence disputes in Texas): and this link here gives some case law for different common themes or defenses (so it is a good starting point if one of these appears appropriate):

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