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  1. #11
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Survey vs Deed

    Quote Quoting blueeagle
    View Post
    As far as the adverse possession claim, I don't want to make my neighbor tear of part of their house....
    Nor would a court order that to happen.
    Quote Quoting blueeagle
    ...however how much land can he claim as adverse possession?
    I would expect them to claim title to the disputed area.

    To be clear, does their deed state that they own the disputed area? If not, how did their surveyor come up with boundary lines for their lot that includes the disputed area? If so, what did you find in the county records as to when and how the discrepancy arose. For example, if we're talking about a discrepancy that occurred when the two parcels were split from the same lot, the neighbor could have as much support for his claim to the land as you have -- or more, given that he can point to forty+ years of the use of the land by himself and his predecessors in title.

  2. #12
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Survey vs Deed

    I acquired my property from my uncle back in 2005. I havent actually seen his deed, just mine. Apparently back in the 60's, the previous owner of my property (my great uncle) allowed for his parents (previous owners of the property next door) to add on a room to my current property. Thats the story I got.

    Were they originally part of the same lot? Maybe back in the late 1900's when this was all a big field....

    I breif (but confusing) breakdown of what I know pertaining to both tracts of land.

    My neighbors house was, prior to various add-on, originally built in 1900. in 1939 my great uncles parents bought the property next door from some old man. In 1953 my great uncle came back from Korea and bought my current property from an old man who lived on the other side of me and built a house. He wanted to remain close to his parents but have his own place. Anyway, during the 1960's he (my uncle) gives his parents permission to add a sun rooms onto their property.

    So anyway, my deed states my property is a 50x200 tract of land, but my neighbors survey says it turns to go around there house, making the front half of my property as narrow as 40 feet.

  3. #13
    Join Date
    Oct 2008
    Posts
    26

    Default Re: Neighbor's Survey Shows Different Boundaries Than My Deed

    I will not make any assumptions, so I am going to ask several questions.

    1. Do the both of you have boundary surveys signed and seal by a Registered Professional Land surveyor?
    2. What do the survey plats show?

    If they do show some sort of overlap, then you should ask your surveyor to discuss the problem with the surveyor whom your neighbor employed. Once they have conferred, hear what the results are. At this point, there are too many divergent possibilities to discuss here. One of the things you should stress to your surveyor is that this problem may have to be solved in court, so he had better make sure that what he has given to you is correct!

    Now, some background - Texas law requires that junior-senior rights for properties being surveyed must be established. If the two properties in question are lots in a recorded subdivision, neither has junior-senior rights. They are considered "simultaneous conveyances". However, if two separate tracts of land are not part of a duly recorded subdivision, then the rules of evidentiary procedures applies. The first rule (the most important) concerns who actually has senior rights to the property. After that there is an ascending order of the importance of evidence as it pertains to conflicts of boundaries. This evidentiary procedure is a product of English law and has been used by Texas courts since 1836. There is a Texas Supreme Court decision on this very point (Stafford vs. King).

    As to adverse possession, if you actually own to where you think you do and you are willing to give up that land, just arrange a boundary-line agreement between you and your neighbor. If negotiations (and relationships) deteriorate to the point where adjudication is necessary, your neighbor will have a very difficult time proving adverse possession. Consult with an attorney experienced in land boundary disputes (a specialist, so to speak), not just any good lawyer. Good luck!

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