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  1. #1
    Join Date
    Aug 2007
    Posts
    8

    Default Adverse Possession

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

    My neighbor is trying to claim adverse possesion on 3 feet of property that belong to me. I grew up in this house and except for 12 years I have lived in that house for 35 years. My neighbor has only lived in her house 24 years. At the time after she moved in she and my mother who has been deceased for almost 12 years replaced the fence separating our properites. I am not sure when this happened. Some years later the fence needed to be replaced again. She again asked my mother to help on the cost of the fence. My mother was unable to do so as she was on a fixed income and she was also in the last months of her life. Apparently there was an agreement (according to the neighbor) between her and my mother--when the fence got put up the people installing the fence somehow moved it 3 feet back on our property. There is nothing in writing in my mother's will about this. So isn't that agreement considered null and void anyway since there is nothing in writing? This problem started about the 3 feet in 2006 and now it's 2008. We do not have the money to obtain an attorney because of the amount of their reatiner fees. She is sueing us. She also has a temporary restraining order on us. She had called the cops on us, etc. We have done everything we have been asked to do since the restraining order came up. All we want her to do is to move her fence back where it belongs. She has not paid the taxes on the portion of the property in question and another thing I would like to know is how far we can go back and ask for back taxes on the 3 foot strip she thinks she is paying for. Also neither property has been replatted. This woman has made our life a living hell. She is old and can't hardly walk and is nothing but an old biddy who has nothing better to do with her time than to make our life a living hell.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Adverse Possession

    The new fence went up in 2006? Before then the fence was on the property line?

    You're being sued so, with due respect to the cost, you really do need to consider getting a lawyer.

  3. #3
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Adverse Possession

    No the new fence did not go up in 2006. Yes as far as I know before the fence went up in 1996, it was on the property line. The fence has been up since 1996. At that time she had asked my mother to help with the cost of the fence. My mother was not able to as she was on a fixed income and was also ill-and died in November of 1996. At that time when the new fence in 1996 was installed it got moved over 3 feet and the neighbor apparently had an agreement with my mother that the fence could stay that way. There was nothing in writing in my mother's will stating the fence could stay that way. I stated in my first thread that we didn't know the fence was 3 feet over until we refinanced the house and a survey was done. No new fence has been put up since 1996. What I am wanting to know is can she still claim adverse possession and also what about the statute of limitations. She has filed with her attorney on the 10 year statute of limitations and that has expired. So what should happen. We have a warranty deed and the deed is on file with the county. I stated we have no way of being able to afford an attorney. I am just wanting some advice as to how to handle this. Is it possible to file the papers ourselves without an attorney to countersue her?

  4. #4
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Adverse Possession

    I have been waiting on a reply to my second post, but to no avail. I would really like some advice or answers if anyone has them. Thank you

  5. #5

    Default Re: Adverse Possession

    Cost aside, if you want the land you should get an attorney. If you use a lawyer referral service, the lawyer will generally do 1/2 hour pro bono (free). So if your neighbor is a cantankerous as you make her sound, you will probably need to be represented.

  6. #6
    Join Date
    Oct 2008
    Posts
    26

    Default Re: Adverse Possession

    If you cannot afford an attorney, you may have options with some charitable institutions. If no one can or will help you, you will lose that property. It is a grim choice, but either acquire the services of an attorney, or reconcile yourself to losing the land.

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