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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Default Encroachment

    My question involves real estate located in the State of: Texas.Party;A deeded said 10 acres in 2004 to Party;B Here comes Party;C (Me) buying from Party;B.In a survey Im loosing .64 acres do to an encroachment.I meet with Party;A to compromise.Did not turn out well.How can you Deed something away,then claim it again and possibly sell or deed it again? What action can I take?Move the Fence & Claim the .64 acres.What can I file? We are closing on the 24th of Feb.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Encroachment

    What do you mean by losing .64 acres?

    What kind of encroachment?

  3. #3
    Join Date
    Oct 2008
    Posts
    26

    Default Re: Encroachment

    Must you have 10 acres? If he is selling you less than he originally mentioned, pay him less than originally mentioned. If a minimum acreage amount must be met, you may have to walk away. Stick to your guns.

  4. #4
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Encroachment

    The encroachment is based on his fence being on the land we are buying.Even thou the fence has been there since the 1900`s he deeded this 10 acres away to the party we are buying it from.We are loosing .64 acres.How can I claim this back? Cyndie

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,572

    Default Re: Encroachment

    You didn't buy ten acres.

    You bought a "Parcel".

    Unless specifically stated in the purchase agreement, you are buying "in gross" which means that you are buying the parcel as described in the legal description, and the call in the description for area has consistently been held as the least important. That means that if a competent surveyor can run out the boundaries from the description, a discrepancy in area will yield to the actual unambiguous boundaries. But I am not a lawyer or surveyor in Texas.

    You will need the advice of a local real estate attorney. If you have examined the property and like it, go ahead and buy it. It is probably not an attempt to defraud you but just an attempt to avoid the cost of a survey, carried forward way too long.

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