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  1. #1

    Default Fence Across Secondary Access to My Property, Neighbor is Filing Adverse Possession

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

    I bought over 10 acres this year, and found out after closing that there are 2 fences across the second access to the land. I sent the neighbor a letter asking him to remove the fence or call me if he had any questions or concerns. He sent a letter just before the end of the time to remove the fence saying that he's going to file adverse possession for the strip of land. IT is about 25 feet wide by over 200 feet long.
    He moved in about 7 years ago, and the fence has been up over 18 years according to him. I need the access when it rains since the creek through the property won't let me drive to this side for mowing and to maintain the fence.
    My question is since he bought his house 7 years ago does he have a case to file adverse possession?

    Second question is can I just go in and remove the fence and put one up along the property line and start using my access, and if I remove the fence could I face being arrested?

    He wants my survey which was just done this year. I sent him a portion of the survey which shows his property and the fence in question.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Fence Across Second Access to My Prop Neighbor is Filing Adverse Possession in Te

    Is the "access" a part of the ten acres or is it an easement?

  3. #3

    Default Re: Fence Across Second Access to My Prop Neighbor is Filing Adverse Possession in Te

    The strip of land is part of the 10 acres. It connects the land to the road, and goes between 2 smaller lots to get to the street. The neighbor is one of these lots.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Fence Across Second Access to My Prop Neighbor is Filing Adverse Possession in Te

    OK

    First, you still hold title to the property. An adverse possession claim is only a claim until the claimant goes to court, proves the claim in every particular, and has a judge confirm the title in the claimant. Texas has the most convoluted adverse possession laws of any state IMO. You should get some advice on this from a local real estate attorney very soon.

    Second, you should check with the seller of the ten acres about the history of the fences and the neighbors, and try to get a timeframe and chain of events about them.

    Your attorney should look over the deed/contract of sale (or whatever it's called in Texas) as there may be a requirement for the seller to defend the title against such claims.

  5. #5

    Default Re: Fence Across Secondary Access to My Property, Neighbor is Filing Adverse Possessi

    I have another question about adverse possession.
    When someone files adverse possession, will I get something in the mail saying that someone has filed it, or is it just filed in the Courthouse and it is done?

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Fence Across Secondary Access to My Property, Neighbor is Filing Adverse Possessi

    A lawsuit will have to be filed against you.

    You will have to be served with notice.

    Adverse possession is never as simple as filing some papers or filling out some forms and getting title. A court will need to award title to the adverse claimant who will need to prove in court that all of the requirements of the Texas laws have been met.

    It would probably be a good idea to get an attorney lined up if you think a claim may be filed.

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