Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have maintained a lot for 15 years which includes mowing…

Customer Question
I have maintained a...

I have maintained a lot for 15 years which includes mowing and landscaping upkeep. Now the builder wants the land back and has started removing the fence around the lot. Can I file a mechanics lien for my maintaining the property all this time?

Lawyer's Assistant: Where is the property located?

919 E 37th street, Houston, TX 77022

Lawyer's Assistant: Has any paperwork been filed?

Only a notice of intent to file a claim of adverse possession was sent to the lot owner with no response.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The builder-owner has started demolition of my fence and a storage yard that is located on that lot. I have filed a police complaint. The Police said may be I should file a mechanics Lien for the years of upkeep of the lot area.

Submitted: 10 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
10/2/2017
Real Estate Lawyer: Richard, Lawyer replied 10 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,224
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Richard, Lawyer replied 10 months ago

Good afternoon. It's the owner that is in violation here, not you now that you have satisfied the adverse possession statute. The applicable statute is as follows:

"Tex. Civ. Prac. & Rem. Code § 16.026 (Ten-Year Statute [“Bare Possession Statute”]):

(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.

(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.

A deed or other memorandum of title is not necessary so long as the elements of adverse possession are met. 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. Since you have met these elements, you now own the property and the original owner is barred from filing a suit to reclaim the property. I would let the original owner know this and if they do not stop their activities, I would file a petition with the court for an injunction ordering the original owner to cease and desist and to pay you damages for any work done so far.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Richard, Lawyer replied 10 months ago

Good afternoon. Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,224
57,224 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
We have a fence on our back property line that has been
We have a fence on our back property line that has been there over 50 yrs. The buyer of the property behind us has decided to build a fence that will come into my back yard and others. How do I file a… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,356 satisfied customers
Homeowner files suit against HOA claiming adverse possession
Homeowner files suit against HOA claiming adverse possession of a 1600 sq' common ground area adjacent to his house .He claims when he moved in the former owner was mowing the area , and told him that… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
What is an HOA's legal responsibility if after move than two
What is an HOA's legal responsibility if after move than two or three years after you purchased a new townhouse and installed all of your landscape and cement patio in your fenced in back yard, the HO… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My fencing company put in posts privacy fence on my lot &
My fencing company put in posts for a privacy fence on my lot & home I purchased 6 months ago. My neighbor then put up No Trespassing signs and is claiming by Adverse Possession that the area is hers.… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
In 1988 the land behind my home was developed and a house was
In 1988 the land behind my home was developed and a house was built (actually all of the properties behind the homes along my street). The builder erected a fence that is about 3 to 5 feet over the pr… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
I live in Omaha, Nebraska and have a residential lot line question.
I live in Omaha, Nebraska and have a residential lot line question. I have lived in my house for approximately five years. Bought the lot in May of 2008, Moved into the home April 15, 2009 after closi… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Have lived in our house 5 year. House is a corner lot that
Have lived in our house 5 year. House is a corner lot that borders the street. The developer/HOA planted tall trees, and shrubs, installed water lines, and electricity to the land on the other side of… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Our homeowners association does not own any property, nor does
Our homeowners association does not own any property, nor does it do anything to your home or lawns. Each home pays $120 a year to maintain two strips of land on the main street where our two entrance… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I have a piece of property behind my home (apprx one half to
I have a piece of property behind my home (apprx one half to three quarter acre)that was purchased about 8 years ago by a local business adjacent to my property as part of a large plot of land. they u… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Hi, we live next to a lot of land that is not part of our
Hi, we live next to a lot of land that is not part of our property in houston, tx we take care of the lot because the owners of the land do not, we have been doing this for almost two years. what is t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My aunt, age 97 lives in Mazie, Oklahoma. She owns over 30
My aunt, age 97 lives in Mazie, Oklahoma. She owns over 30 lots and has owned the land for about 70 years. The lots are in tracts with streets in between the lots. The streets have never been develope… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I live in Horseshoe Bay Tx. The land between my property and
I live in Horseshoe Bay Tx. The land between my property and the golf course has been maintained by me since 2001. I have kept it mowed, trees trimmed, etc. Approx two years ago, I brought in fill dir… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
We purchased a building 1.5 years ago, and have yet to recieve
We purchased a building 1.5 years ago, and have yet to recieve our "own" tax bill. What we did receive was a invoice from the owner of the other not sold yet buildings. We disagree w/there calculation… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Is mowing the grass over the property line considered adverse
Is mowing the grass over the property line considered adverse possession? Upon resurvey the property markers were found to be incorrect and surveyors moved them to their correct location. The neighbor… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have lived in my present house for over 22 years. I have
I have lived in my present house for over 22 years. I have had the same neighbor to my west for all of that time. He has rented to many people over the years and has always made sure they were older a… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I am interested in paying the back taxes on a lot located next
I am interested in paying the back taxes on a lot located next door to me. Harris county (TX) has filed a suit against the owner for non-payment of taxes. I want to pay the taxes before they get too e… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
4.5 years after moving into our house, believing that our
4.5 years after moving into our house, believing that our backyard extended to the corner of our neighbor on the south, we found out from the builder to the lot to our east that our property is 15 ft … read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I have been maintaining a small piece of property that is ...
I have been maintaining a small piece of property that is outside my neighbors fence. How long do I have to wait before I claim it?… read more
Lyn
Lyn
Juris Doctorate
24 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x