My question involves real estate located in the State of: Texas
We purchased a home almost 3 years ago and the prior owner was constantly in dispute with the business behind the home over fence placement. We had no issues with this until the past few months. A storm blew a tree down on the business property which knocked down our fence. We propped it up with a board until the fence people could come replace it. The business owner came by & yelled at my husband about the board propping the fence up but never addressed that she believed the fence was on her property. He told her we were just waiting on the repairmen to come and take care of it and nothing else was said. Fast forward and when we had the fence company out to replace the back stretch of fence she came over and verbally attacked them for trespassing and building a fence on her property. We were simply replacing the fence with new since the old was knocked down & rotted. We went back in the exact same line, same post holes etc.
This week we receive a letter from a lawyer stating that we have 2 weeks to move the fence onto our property or she will take us to court. The letter included a survey of her property, we also have a survey of ours. The fence was erected many years prior to our purchase of the home and if she had an issue she's had almost 3 years to come talk to us about it but chose not to. We have already spent the money to replace the rotting fence and were very careful to go back in the exact line so as not to cause an issue. I've researched the law in Texas and can't find anything other than Adverse Possession to refer to. This woman is a bully who also thinks she owns the public parking spaces on the city street in front of her business and routinely tries to have people towed from them even though every tow company and the local police department have told her it isn't legal. I think she's hoping to bully us into simply moving the fence by sending the letter since money is no object to her and it is to us. What legal recourse do we have ? I would think that since the fence was pre-existing and our survey shows that it is on our property line that she wouldn't have any legal leg to stand on so speak.
Thank you for your help!