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Fence and garage boundry issue

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J

Jiman

Guest
What is the name of your state?What is the name of your state? TX.

Hi, I purchased my waterfront property and home in 1998. Houses are close together. The survey at that time showed that my neighbors house and fence might be a few inches into my property. Area is tight along the water and it seemed at that time to be of little issue as no harm was done.

The neighbor sold the house in end of 1999. Shortly, after that I was away on a job for a year. When I returned my new neighbor had begun to construct a privacy fence that was by my account 1 foot into the property line and butted up against my garage. Now, 1 foot of my garage extends behind that fence. I stopped him after he had built about twenty foot of fence.

Since that time he has asked to purchase the property. I don't want to sell. We have also discussed a third survey. But haven't agreed on that as a way to settle this issue.

In the mean time I have let him store some construction materials and even set an airconditioner on my property between the two houses.

Now, he has placed along the front yard four posts. They are six inches or so into my property. He has begun to cut the grass along both side of the posts about two feet into my property which somewhat aligns with the section of fence he previously constructed in the back yard.

My questions are: If a individual maintains an area of property does it revert to them? If I allow him to keep the fence or post for any length of time does the property become his, by right of domain? Lastly, what would be the best way to settle this issue?

Thank you Jim
 
Last edited:


HomeGuru

Senior Member
Jiman said:
What is the name of your state?What is the name of your state? TX.

Hi, I purchased my waterfront property and home in 1998. Houses are close together. The survey at that time showed that my neighbors house and fence might be a few inches into my property. Area is tight along the water and it seemed at that time to be of little issue as no harm was done.

The neighbor sold the house in end of 1999. Shortly, after that I was away on a job for a year. When I returned my new neighbor had begun to construct a privacy fence that was by my account 1 foot into the property line and butted up against my garage. Now, 1 foot of my garage extends behind that fence. I stopped him after he had built about twenty foot of fence.

Since that time he has asked to purchase the property. I don't want to sell. We have also discussed a third survey. But haven't agreed on that as a way to settle this issue.

In the mean time I have let him store some construction materials and even set an airconditioner on my property between the two houses.

Now, he has placed along the front yard four posts. They are six inches or so into my property. He has begun to cut the grass along both side of the posts about two feet into my property which somewhat aligns with the section of fence he previously constructed in the back yard.

My questions are: If a individual maintains an area of property does it revert to them?

**A: no, and there are other factors involved in an adverse possession claim.
********
If I allow him to keep the fence or post for any length of time does the property become his, by right of domain? Lastly, what would be the best way to settle this issue?

**A: in answer to both of your questions, see above and an encroachment agreement.
******

Thank you Jim
**A: you're welcome.
 
J

Jiman

Guest
Additional question

What is an encoachmn=ent agreement? From the sound it just means that each neighbor needs to agree what is thiers and what isn't . Then what there are willing to agree to live with. Does it require a lawyer or court action?

What is adverse possession?
 

HomeGuru

Senior Member
Jiman said:
What is an encoachmn=ent agreement? From the sound it just means that each neighbor needs to agree what is thiers and what isn't . Then what there are willing to agree to live with. Does it require a lawyer or court action?

What is adverse possession?

**A: the topics of your questions have been covered in the section from the home page of this website and by doing a search on this forum.
 

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