How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38217
Experience:  17 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My structure has been 6 inches over my property line and on

Customer Question

my structure has been 6 inches over my property line and on my neighbors property for 35 years and they have not complained..I'm about to sell my property and I would like to know my rights of ownership for that piece of property
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: dallas texas
JA: Has any paperwork been filed?
Customer: no...he was very cooperative when we discussed earlier,,now he has decided that he wants me to pay an arm and a leg for 42 square feet
JA: Anything else you want the lawyer to know before I connect you?
Customer: the city values the land at 4.00 a square foot..he has decided that he wants 28.00 per square foot..
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

What is he asking in total for the property you have been encroaching on?

.

.

thanks

Barrister

Customer: replied 1 month ago.
196000.00
Customer: replied 1 month ago.
tax value is 28000.00
Expert:  Barrister replied 1 month ago.

Are you saying $196,000....almost two hundred thousand?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
it has no structure on it..my property has an 11000 sq ft warehouse
Expert:  Barrister replied 1 month ago.

Ok, then he is out of his mind... In TX if you have trespassed on someone else's land for over 10 years, you can legally claim ownership of it. It would cost you far less to hire an attorney to file a "quiet title" lawsuit against the neighbor and claim legal ownership under the doctrine of "adverse possession".

.

The statutory rules governing adverse possession are codified in Sections 16.021 through 16.034 of the Texas Civil Practices and Remedies Code. Under the ten year statute pursuant to Section 16.026, the adverse possessor simply cultivates uses or enjoys the property for ten continuous years. If the land is enclosed, the person may claim all the enclosed acreage that is adversely and peaceably possessed.

.

.

So if an attorney charged you $8-10K for this, that would be much cheaper and you are well past the legal required time to claim ownership.

.

.

thanks

Barrister

Customer: replied 1 month ago.
thanks do you have a real estate lawyer in mind for dallas texas . my zip code is 75229
Expert:  Barrister replied 1 month ago.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

But any real estate lawyer with litigation experience who has been in practice for at least 7-10 years should be able to easily handle this..

.

.

thanks

Barrister

Expert:  Barrister replied 1 month ago.

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister