ExpertLaw.com Forums

Fence Was Built on Neighbor's Land

Printable View

  • 07-21-2012, 10:03 AM
    stupid1234
    Fence Was Built on Neighbor's Land
    My question involves real estate located in the State of: TX

    Hello all.
    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.

    Thank you

    J
  • 07-21-2012, 06:23 PM
    LandSurveyor
    Re: Fence Was Built on Neighbor's Land
    First, you need to look at the "survey" from the bank and determine whether it is a mortgage survey or an actual boundary survey.
  • 07-23-2012, 01:18 PM
    Didymus1of12
    Re: Fence Was Built on Neighbor's Land
    It is not possible to record an agreement if there never was one. Many homes get built too close to the neighbor's plot simply because of a lack of knowledge as to the correct location of the common boundary lines. I guess I shouldn't chide you about not paying attention to the survey available to you at the time you purchased the property, but....

    The first thing you should do is have your property surveyed by someone other than your neighbor's surveyor. Inform your surveyor that his survey may result in litigation (thereby putting him on notice). Tell him you want a survey drawing and you want him to show you your corners (walk you to them). One of two things will happen: His survey will be the same as your neighbor's or it may be more favorable to you, even to the point of resolving the issue.

    If it is the same or close to the previous surveyor's work, buy the strip of land from your neighbor, hopefully at a reasonable price and get THAT surveyed, have it recorded and live happily ever after.

    That scenario provides you with bonuses in that your conscience won't bother you, your neighbor will think more highly of you and your future purchaser will be happy with what he has.

    If your survey is more favorable to you, have your surveyor talk to the other surveyor and hopefully, come to an accord. If not, be ready to take it into litigation, if need be.

    Land Surveyor, there is no such thing as a mortgage survey in Texas anymore. It was done away with in 1981. By law, all surveys that locate property lines or show ties to property lines must be a boundary survey, with ALL of the responsibilities and duties of the surveyor to be reflected in his production of the boundary drawing and/or metes and bounds description.

    I am a Registered Professional Land Surveyor in the Great State of Texas, so sometimes I know whereof I speak.
  • 07-23-2012, 03:56 PM
    LandSurveyor
    Re: Fence Was Built on Neighbor's Land
    Quote:

    Land Surveyor, there is no such thing as a mortgage survey in Texas anymore. It was done away with in 1981.
    I am aware of that. I do not accept a survey as being "recent" or a "survey" or anything else until I see it. It's just the cranky way I am.

    The advice to get another surveyor and another survey is a good one. The OP should be aware that doing an internet search for a Texas surveyor might bring up an impressive website of a company based in Denver appearing to compete in Texas mainly on the basis of price. I would avoid that approach.

    I would recommend to the OP that he pm our Texas Surveyor for a possible referral in the Harlingen area.

    I want to try to at least get a start on this question:

    Quote:

    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.
    Yes, in theory. Many states, including Texas, recognize boundary by acquiesence which is a boundary otherwise unknown that appears by circumstantial evidence to be recognized by both adjoiners as their common boundary. A verbal or written agreement is not necessary if circumstantial evidence supports the implied agreement.

    In Texas, however, this theory is completely defeated if the true line can be discovered, by a surveyor for example, which is what appears to have happened in this case.

    Texas has some of the most detailed and complex adverse possession statutes of any state and I am not even going to go there at all. Any of these "grandfather" theories (and there may be more) can only be addressed by a local real estate attorney.
All times are GMT -7. The time now is 08:48 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved