Results 1 to 4 of 4
  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Neighbor's Fence on My Property for 15 Years

    My question involves real estate located in the State of: TEXAS

    I bought a house on 3/4 acre in July and have since found out my neighbor's fence is 15 feet over the property line.
    Totaling over 865 sqr. ft of property lost
    The seller's agent offered to mitigate a solution,but was told the fence had been there over 15 years and that he wasn't going to move it.
    I mostly see this as a problem if I decide to resell my property.
    Note: Are my agent,the seller's agent or the title company responsible in any way for not disclosing this to me?

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Neighbor's Fence on My Property for 15 Years

    Quote Quoting SPIVO
    Are my agent,the seller's agent or the title company responsible in any way for not disclosing this to me?
    Your agent or seller's agent ought to be responsible if they knew about it and did not tell you.

    Since I think a fence sitting on your property for 15 years is your fence, I think it does not cloud the title to the property, and the title company probably was not even aware of it, and if they were aware of it were not responsible to you. The title company's job is to check ownership of the property and anything that affects ownership.

    If you plan on living in the house for some time, I think it is far better to have good relations with your neighbor than it is to quibble about the fence, especially when you considered whether to buy the property you probably regarded the fence as the boundary, and still found the deal acceptable.

    On the other hand, if you are willing to have angry neighbor(s), you could erect a fence just inside your property line (14 feet away from the existing fence), then tear down the existing fence.

    Note 1: If you do build a fence along the property line, be very sure where the property line is. If you actually build it on the neighbor's property, you can be sued for trespass to land.

    Note 2: You may want to consider adverse possession laws. Those are laws that establish how a party other than the owner can occupy land without permission from the owner, and after several years wind up owning the land they occupied. I've read that Texas has strange adverse possession laws. You might want to research those laws to see how they affect your property, and whether your neighbor can legally take the land away from you.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: Neighbor's Fence on My Property for 15 Years

    If the fence has been in place for 25 years or longer, and no adverse possession claim has been filed, it is time barred as the window for filing has closed.

    If the fence was placed by mutual agreement based on an erroneous assumption by both parties that it was on their common line, no adverse claim can arise. Other claims might, however.

    If the fence was placed onto the adjoiner's property with written permission, publicly recorded, no adverse claim can arise.

    In the absence of a survey prior to closing, the title company will disclaim liability for any defect a survey would have revealed.

    Texas has very complicated AP statutes. You should get the advice of a local real estate attorney.

  4. #4

    Default Re: Neighbor's Fence on My Property for 15 Years

    I agree with LandSurveyor's comments. I will add that neither real estate agent is liable for any problems arising from this. They had no duty to find this out and disclose it to you.

    You may actually be one of the few people who bought a title insurance policy, but most average home buyers do not have it. There is a policy that most get and pay for at closing, but the only insured party is the bank. This varies from state to state, but you may have signed a statement buried in your paperwork that states property is bought as is and you waive having a survey done to reveal any problems such as this.

    Stephen

    1. Sponsored Links
       

Similar Threads

  1. Neighbor's Old Fence Many Feet Onto My Property
    By bowieweiland in forum Boundary Disputes and Nuisance
    Replies: 6
    Last Post: 02-10-2011, 10:31 AM
  2. Neighbor's 40 Years Fence on Easement
    By bellwilliam in forum Easement and Right of Way Law
    Replies: 3
    Last Post: 12-10-2009, 11:56 AM
  3. Neighbor's Fence is on My Property
    By LegalC5180 in forum Boundary Disputes and Nuisance
    Replies: 2
    Last Post: 09-07-2009, 08:25 PM
  4. Neighbor's Fence On My Property in California
    By notexpert in forum Boundary Disputes and Nuisance
    Replies: 1
    Last Post: 07-18-2007, 11:00 AM
  5. Neighbor's Fence On Our Property
    By tsimpson in forum Boundary Disputes and Nuisance
    Replies: 1
    Last Post: 05-30-2007, 11:11 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Real Estate Forms
Real estate forms and contracts, state specific, immediate download.




Untitled Document