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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41016
Experience:  Texas Attorney for 30 years dealing in real estate
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Live in Texas, very small subdivision, original land owner

Customer Question

Live in Texas, very small subdivision, original land owner deeded roads, park, lake & easements of subdivision to lot owners at time(1960's). Deeded property placed on tax role in name of Civic Club, taxes being paid by subdivision, most original names on deed now deceased. A current lot owner has placed fence & pool shed onto the common area of donated land. That land owner is trying to sell their lot and is refusing to move the fence & poolshed. Can civic club file lien or claim to prevent sell until they move fence & shed from the common area?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you .Civic club here has right to move the fence and pool shed here.The fence can be moved to property line and shed can be placed on the persons property.The civic club as deeded owner can force resolution of this intrusion onto common property.

This amounts to an attempt at adverse possession here.It is in the interests of the Civic Club to force resolution.They can also sue here for the cost to relocate the shed and the fence because of this encroachment.

I would suggest a demand letter to the owner and recording the letter in the deed records concerning the intrusion. This would cloud title and force them to resolve the matter.You cannot lien it here unless you sue and have judgment but the letter if recorded may be enough to cloud title and force resolution as it shows an encroachment onto common area.You can also copy the realtor here that has listing and they are required to disclose it to potential buyers as well.

I appreciate the chance to help you today.Thanks again and the best here.

I appreciate the chance to help you today.Thanks again.

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