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  1. #1

    Default Encroachment on a Public Park

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

    Part of my swimming pool and fence sits on the dedicated land (in the 1920s, prior to my house being built, this land was dedicated to the city for its use as a public park). I actually pulled the 1920 dedicatory instrument from the city (had to do it manually because it is so old).

    The city is going to start ticketing me unless I get this fixed. I have done extensive research on this subject. I am not an attorney. I don't have $10k to spend on an attorney right now. I am very educated, and thus I have no problem doing this myself.

    I am aware I cannot adversely possess property that belongs to a municipality. I need to convince the city to sell me that peice of land (though it was dedicated, and thus I do not think they can sell it to me). What ideas do you all have? I would like to submit a proposal.... I am willing to pay for the land or pay for an easement. It is going to cost me thousands of dollars if I cannot get acquire the right to use/keep this land.

    I am willing to hire an attorney if I need to file a suit (adverse possesion or something). I just want to do most of the work myself before I prepare a proposal to the city or hire an attorney.

    Thanks for your help!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: My Land is Sitting on a Public Park. Adverse Possession Force City to Sell to Me

    It's not that it was dedicated per se that is the stumbling block but what restrictions were put in the deed when it was dedicated to the government.

    How did it come to be that you are encroaching on their land?

    along with that, how was the encroachment discovered?

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