Easement by Estoppel?

[poorintejas]

What is the name of your state (only U.S. law)? Texas
I own a house which I purchased aprox 8 years ago. This is a two part question. On my survey from time of purchase it DOES NOT SHOW the fact that my roofline extends into the property of my neighbor.The roof line extends aprox a foot over the fence.I have no access therfor to gutters etc. My house was built 1920.Do I have a possible case of Easement by estoppel or otherwise...and do I have some sort of case against the Survey company for not showing the roofline over property line?
Thanks in advance-

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas
I own a house which I purchased aprox 8 years ago. This is a two part question. On my survey from time of purchase it DOES NOT SHOW the fact that my roofline extends into the property of my neighbor.The roof line extends aprox a foot over the fence.I have no access therfor to gutters etc. My house was built 1920.Do I have a possible case of Easement by estoppel or otherwise...and do I have some sort of case against the Survey company for not showing the roofline over property line?
Thanks in advance-

**A: no not unless you ordered an ALTA survey. Maybe you can go after the appraiser for not documenting the structure encroachment into the yard setback area (current zoning violation that may be grandfathered in) and neighbors property.