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  1. #1
    Join Date
    Jan 2020
    Posts
    1

    Exclamation Boundary Dispute W/ Conflicting Surveys in Texas

    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!

  2. #2
    Join Date
    Mar 2013
    Posts
    17,503

    Default Re: Boundary Dispute W/ Conflicting Surveys in Texas

    Options:

    1 - Relocate the fence
    2 - Ignore the letter
    3 - Hire a lawyer to respond to the letter and hope that resolves the matter. If it doesn't and she sues you, you defend in court.

    money is no object to her
    People who have lots of money don't spend it that easily. It's cheap to have a lawyer write a letter. It's not so cheap to litigate and even people with money think twice about the cost of litigation.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,668

    Default Re: Boundary Dispute W/ Conflicting Surveys in Texas

    Quote Quoting maggie1179
    View Post
    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!
    Are you saying that the surveys conflict as to where the property line is? And if the fence was built on the neighbor's property (by mistake) are you saying that you may have a claim to adverse possession? The Statute of limitation for adverse possession in Texas is 10 years. You are saying that this dispute is only 3 years old.

    When was the fence built originally ? Your predecessors may have built the fence more than 10 years ago. What they did tacks onto your Statute of limitations.

    You should find a local attorney that knows and deals with property law. It can get complicated. But without all the historical facts of the case (what your predecessors did and what your neighbor did) it is impossible to predict an outcome.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,935

    Default Re: Boundary Dispute W/ Conflicting Surveys in Texas

    Quote Quoting maggie1179
    View Post
    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!
    You have the choices that adjusterjack mentioned. You also have the additional option of responding to the lawyer with a copy of your survey showing that the fence is on your property. I would either do that, or just ignore the attorney.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,568

    Default Re: Boundary Dispute W/ Conflicting Surveys in Texas

    I would suggest to the OP that she should examine the survey she has. If it says "mortgage inspection survey" or anything which seems similar, she should be aware that it may not necessarily be definitive as to the location of property lines. Do not hesitate to contact the surveying company which created the survey in order to determine if it is an actual boundary survey. This would be a good place to start, particularly if the surveyor is made aware of the disagreement.

    Understand that when boundary disputes appear before a court, the location of the boundary on the ground will need to be confirmed in a manner acceptable to the court.
    Resistance is not futile; it is voltage divided by current.

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