My question involves real estate located in the State of: TX
I have a question about a property line dispute. My wife's home that is leased out in Harlingen Texas has a fence that is on the neighboring homes land. This was recently discovered by the bank of the neighboring homes owners because they are trying to sell.
I received the recently completed survey from the bank. The bank will not close on the house until there is an agreement to move the fence or they just move it themselves.
This will of course disrupt all the landscaping, sprinkler system, and even the plumbing to the kitchen.
The tenants who currently lease my wife's house are interested in buying our home. If the fence is moved it will destroy all the landscaping (10yr old palms), sprinkler system, and my plumbing will be in the plat. The tenants will for one not be interested in the purchase and two may decide to opp out of continuing the next years lease.
The current owners of the other home live in Mexico and are rarely in the states. They really have no knowledge of how the fence was placed where it is placed currently. The fence is well over 20 years old.
Is it possible to grandfather a clause that states that there was an agreement between these owners at one time to build the fence where it currently resides. After looking at the new survey, nobody in there right mind would have build a home so close to there neighbors plat (the roof eve from my home would spill water in there yard) if the plat was true as well there would be no gate or side yard access to our property which currently does. Makes no since. As well, all the electrical meters are on that side of the home. If the neighbors plat is correct there would be no access to the panels and meters.
Unfortunately the previous owner of our house has passed on and it was purchased with cash and the survey at purchase was never looked into.
All advice about how to resolve this issue quickly and with minimal damage to all parties would be greatly appreciated.