My question involves real estate located in the State of: Texas
My neighbor came to me in 2006, informing me that he had likely harvested some of my timber due to a very old fence being improperly place. He expressed his unease at asking that I permit him to erect a new fence in the same place since our plats disagreed slightly. I stated that I was not inclined to pay for a survey to determine the proper fence location but when a survey would be done in the future, I would expect him to move the fence to the correct location. After clearing the land and before the fence was erected, I pointed out to him that the property line was a straight line, and that the old fence cut off at a angle about 4/5 of the fence length. If he would simply continue the fence along the original course, he would be very close to where we both suspected the fence should be. He ignored this and is now claiming adverse possession. He had a survey in 1998 and he does not deny placing the new fence outside of the boundaries in that survey.
Do I have a case to retain the property?