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Land Dispute

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yougonnamind

Junior Member
What is the name of your state (only U.S. law)? Texas

I have a rual plot survey "which is filled with the county" that my neighbor diputes, I have in the past started fenceing and he has removed them. It looks now that he is removing what is left of the fencing. do I need a new servey the old one is very clear. What should I do I payed for this land and I want to keep it?
 


154NH773

Senior Member
Unfortunately, the only way to settle a land dispute is to go to court in what's usually called a "Quiet Title" action. The court will decide who is correct and make an order. In general, the police will not get involved in such a dispute unless you have such an order backing up your claim.
 

nextwife

Senior Member
do you have actual stakes placed by a surveyor that you are using to locate your property line?
I agree, you need to have the property lines staked by a surveyor. How did you determine where "on the ground" those lot lines actually were BEFORE you placed the fence??
 

Ozark_Sophist

Senior Member
Unfortunately, the only way to settle a land dispute is to go to court in what's usually called a "Quiet Title" action. The court will decide who is correct and make an order. In general, the police will not get involved in such a dispute unless you have such an order backing up your claim.
If OP gets the survey s/he should have obtained before constructing a fence (with boundary stakes), any interference from the neighbor could be criminal (removal of stakes, fence, etc.). Neighbor would have to go to court to stop the fence. Texas has fence laws OP should search for to find the necessary steps.
 

154NH773

Senior Member
If OP gets the survey s/he should have obtained before constructing a fence (with boundary stakes), any interference from the neighbor could be criminal (removal of stakes, fence, etc.).
I agree that removal of a fence located on the OP's property could be criminal conduct.
The poster didn't specify on what basis the neighbor claims the property, and if the neighbor's deed is in conflict with the "plot survey", so it's unclear whether the property actually belongs to the OP, and only a court can actually decide that. I agree that the neighbor should be the one bringing the claim to court, and not tearing down the OP's fence.
Perhaps the OP could ask the court for an injunction to prevent interference from the neighbor, and that may bring the matter to a quicker conclusion in court, or an abandonment of the neighbor's claim.
 

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