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Fence Line

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N

needad

Guest
What is the name of your state?TEXAS

My neighbor put up a chain link fence seperating property and the fence has been in place over ten years. From the time I moved in 7 years ago (did for sale buy owner), my neighbors claim has always been that her fence was on my property and there was nothing I could do, due to a 'Grandfather clause'. I never said anything, really wasn't sure what that meant. Several years ago I put up a wooden fence next to her chain link fence and finally decided to do a survey this year. Well I found out my fence is now 1 1/2' on her property. I left the stakes at there, she found out and now wants me to move my fence. I have done some research and found out that there is no such a thing as 'grandfather clause' but Adverse Possession. I also found out that there is such a thing as tracking on years, which brings the fence to being there 14 years now. I went ahead and filed an "Adverse Posession Affidavit" in the county deed records.

Did I do the right thing? The neighbor has sinced moved. I would like to know is there a sample letter I could get/use to send her and let her know I'm not moving my fence?

Help..
 


H

Happy Trails

Senior Member
needad said:
What is the name of your state?TEXAS

My neighbor put up a chain link fence seperating property and the fence has been in place over ten years. From the time I moved in 7 years ago (did for sale buy owner), my neighbors claim has always been that her fence was on my property and there was nothing I could do, due to a 'Grandfather clause'. I never said anything, really wasn't sure what that meant. Several years ago I put up a wooden fence next to her chain link fence and finally decided to do a survey this year. Well I found out my fence is now 1 1/2' on her property. I left the stakes at there, she found out and now wants me to move my fence. I have done some research and found out that there is no such a thing as 'grandfather clause' but Adverse Possession. I also found out that there is such a thing as tracking on years, which brings the fence to being there 14 years now. I went ahead and filed an "Adverse Posession Affidavit" in the county deed records.

Did I do the right thing? The neighbor has sinced moved. I would like to know is there a sample letter I could get/use to send her and let her know I'm not moving my fence?

Help..
Click to expand...
**That's it? You just go to the court house and filed an "A.P.A" in the county deeds? Wasn't there more required of you to do?
 
N

needad

Guest
The county clerk accepted the AP affidavit in July/04 and I checked to see if it had been filed with my deed records and it has. It just seemed to easy. How do I go about getting a hearing?
 
H

Happy Trails

Senior Member
HomeGuru said:
Yes, there is a lot more. There needs to be a hearing and court adjudication
Click to expand...
needad said:
The county clerk accepted the AP affidavit in July/04 and I checked to see if it had been filed with my deed records and it has. It just seemed to easy. How do I go about getting a hearing?
Click to expand...


**I'm curious, does she need to inform the owner of other land that this is being done or do they just find out when the "abstract of title" is being updated? Or does the other land owner find out through the courts?
 
N

needad

Guest
I'm curious too. Should I notify the property owner? I can't exactly send a letter that says eat CROW.
 
H

Happy Trails

Senior Member
There are a lot of other posts that may answer your questions. Otherwise I think if you hire a RE attorney it would very helpful in doing it right. (and less stressful) There are links at the top that can help you find one.

**But I still want to know when and how the neighbors find out.
 
H

HomeGuru

Senior Member
needad said:
I'm curious too. Should I notify the property owner? I can't exactly send a letter that says eat CROW.
Click to expand...

**A: no, you send the crow with a nice Hallmark card that says "Eat It"
 
N

needad

Guest
HomeGuru said:
**A: that is why you are in this mess.
Click to expand...
Uh, not really. This isn't such a mess as you want to believe. What's a mess is this forum allowing you to give advice with a name as HomeGuru when you should call yourself CatatonicGuru, get my point. I used this forum to see what others had to say about what they have experienced before not someone as yourself that is going to be a smart a***. So if you have nothing good to say or have any 'REAL' knowlege then skip this thread.
 
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