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mkc1959, Lawyer
Category: Real Estate Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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I just recently, from Texas, received a Fema grant to have

Customer Question

I just recently, from Texas, received a Fema grant to have my home raised because i'm in a flood zone. a land owner beside me said my home is 12ft over his property line. he wants money or for me to tear down my home. I have lived here for 20yrs. (in 7
more months) There have been other owners and the house was originally built in the late 60s. Fema has not started construction yet. can he stop Fema from raising my home? would you know if Fema could move my home back to where it wont be on his property line?
I am going to get a copy of my survey from the city tomorrow to see if its real. My big question is can this property owner potentioully stop Fema (gov.grant) from raising my home! I have flooded many times and been through hell...And now this!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  mkc1959 replied 2 years ago.
I am an attorney in Texas. It is always difficult to provide certainty in any opinion because a final decision is made by a judge or a jury.
However, property lines can be altered by adverse possession. It seems when the house was built in the 1960's that it was the owner's intent to claim ownership of the underlying land.
There are some facts that are important, but it is my assumption that you have been taxed for the land underneath your home for the past 20 years and that the prior owner's were also taxed for the land underlying your home.
With those basic concepts, you have an extremely strong claim to ownership of the land underneath your home and inside the "yard" that you have used in connection with the home. This claim is based on the 3, 5 and 10 year statutes of limitation. A successful claim by you under any of those statutes would result in a court judgment eliminating any claim of your neighbor.
The above has assumed there is any merit to the neighbor's statement about your home being 12 feet over the property lines described in the deeds to your respective properties. You could obtain a survey to determine whether your neighbor's statement reflects how the property line is described in those deeds or not.
Then there are other questions as to whether there is a mistake only in your neighbor's deed or not, for example.
So, in short, you should consult an attorney in your area who may very well recommend that you start by obtaining a survey. Secondly, please understand you have, again, an extremely strong case favorable to you based on the fact that the home has been on the underlying real estate for 50 years or so.
If your ownership is either confirmed by the survey or through a lawsuit based on the statute of limitations, then you can follow through with your plans.
Please let me know what additional questions you have. I want to fully respond to your question so that I may be paid.