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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41085
Experience:  Texas Attorney for 30 years dealing in real estate
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Neighbor moving a property stake to his advantage. What is

Customer Question

Neighbor moving a property stake to his advantage. What is my recourse?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here it is in your interests to locate the true boundary and make use of all the property up to the boundary.You can either fence it, landscape it, park a car on it,etc.
As long as you are making use of the land there can be no claim of adverse possession.
Adverse possession is the process of claiming title to real estate by taking it and occupying it for a period of time. Adverse possession requires the following conditions to be met: i) actual possession of the property; ii) open and notorious use of the property; iii) exclusive use of the property; iv) hostile or adverse use of the property; and v) continuous use of the property. Texas has several adverse possession time periods; the catchall time period is 10 years
By reclaiming and making use of it you avoid any claims here.Even some flowers or shrubs or a bench reflect use and control of you property by you.
As long as you do that you will be fine.You certainly may want to move the stakes here to the proper location and then make use of all that is yours to avoid claims of adverse possession down the road.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 2 years ago.
Here is the Texas law, note this would require them to hold it and make use of it for 10 years to claim it by adverse possession.
http://www.lonestarlandlaw.com/Adverse.html

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