My question involves real estate located in the State of: Texas
Purchased residential property about 3 years ago. Existing 6' wood fence stands approximately 10' beyond the property line as indicated by the survey, encroaching into the neighboring property. Adjoning neighbor has owned the property for approximately 8 years.
The fence is well over 10 years old, likely 20. Use has been undisputed and peaceably enjoyed since before either of us owned the property. Based on what I have read, it is my belief that I have established adverse possession of the property at this point.
The survey from the previous owner I have was initialed by that owner 10-2001. The survey indicates the existence of the fence and shows it exceeding the property line by specific distances. So based on that date I have not quite hit the 10 year statute. But in reality, the fence was established prior to that.
So, my questions: Am I legally sound and correct in my Adverse Possession claim, or are there some large holes in my argument? How do I evidence the historical use to uphold my claim? Perhaps there are additional dates or info on the survey that I am overlooking that would evidence the existence of the fence. Is the date stamped below the Surveyor's seal (6-19-1998 in this case) a date of actual survey or just a date of surveyor's license?
Thanks in advance for any direction and guidance