I am in Tyler, Texas. I posted a thread on Friday, but I logged in this a.m. and can't find a response to my thread. We remodeled our house in 2003 and the mortgage company did not require us to have survey done. They went off what was already on file. In 2006 we refinanced and the new mortgage company required a survey be done. (This is my childhood home that I grew up in and my mother died in 1996 and the house was given to me and my husband so we have lived in the house since 1996). The results that came from the survey showed that our neighbor's fence was 3 feet over on our property. The neighbor disputed the survey and therefore she had to have a block survey done. The survey results she received were within 2 to 3 inches of what our survey was. She then later agreed in a conversation with my husband, and her companion to let us move the fence as long as we took care of it. It was decided this would happen around January of 2007 because she has shrub and sprinkler heads that are on our property line in the front (which is not in question here) so that her shrubs would die when being transplanted. She did not move her shrubs and when we informed her that we were moving the fence after she had agreed to let us move the fence, she told us that we would have to get a court order to move it. Tempers flared and words were exchanged between the neighbor and my husband, the police were called, etc. She has a restraining order against. Nothing has been done with the fence as of yet but we want our 3 feet of land back. She cannot file on adverse possession for the 10 year statute of limitations because it has been more than 10 years. The 25 year statute of limitations says that a person has to do 3 things to claim this part of advserse possession. They have to fence the land-which has been done and it has to have been cultivated-which that has been done also and that a person has to pay taxes on the land. She has paid her taxes on her land but not on ours. We do not have the money for an attorney and I am wanting to know if she can still win on this statute of limitations since she has not paid the taxes. I have proof from the tax office where we paid the taxes on our land. Can someone please answer my question. She is also trying to sue us for this 3 foot strip of land. Can we file a counter suit to sue her even though we don't have a lawyer? We want our land back. She has only been living at the house next to ours for 23 years.

