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Time limit on fences

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S

sun81

Member
What is the name of your state? Texas

I have only owned my property for six years. After the fourth year, had a survey done on our property. Survey shows neighbor to one side has a storage buidling and fence nine feet onto my property. We talked to the owner (he rents this property) and showed the survey, and that his fence was over onto our property. He acknowledged he placed the fence there, without a survey, and he didn't see why that the fence should be moved. Of course not, that is nine feet of free property for him. So, can we move his fence and re-claim our nine feet of property? We are allowing for the existing metal storage, which gives him two feet of free property, but the back yard is slightly crooked, and that is where the nine feet is.
Thanks for any info!
 


P

PghREA

Senior Member
We talked to the owner (he rents this property) and showed the survey, and that his fence was over onto our property. He acknowledged he placed the fence there, without a survey.

If your neighbor placed the fence there and he is not the owner of the property - (which I think is what you are trying to say in your post) - then you need to talk to the owner who DOES OWN the property.
 
S

sun81

Member
No, I did state we talked to the owner. He is the one who built the fence without getting a survey done. And he was very gracious to himself, since he went nine feet over into my property with his fence. But, the fence was there when we moved in. We had a survey done, and found out why our lot is so much smaller than his...he is on ours. He thinks we should just leave it the way it is...sure, and I paid for a larger lot, and taxes each year, and he thinks I should just smile and let him keep my nine feet of yard?
Thanks for the reply
 
justalayman

justalayman

Senior Member
Send him a letter CRRR telling him to remove the fence (and I would go for the building to if it was me) from your property or you will have them removed and expect payment from him for the work.

This will either get him to remove it or to claim prescriptive easement or adverse possession. Then you go from there.

If he is to claim either presc easement or adverse possesion he will need to prove he has fulfilled the necessary requirements of one or the other. If he can't, away goes the fence and building.

If he does try to lay claim to the property, you will end up in court and getting the advice from a local attorney is definately a good idea.
 
C

CalifAtty-17

Junior Member
My response:

Screw all that!!

Rent a small "Skip Loader" and start demolishing the fence and storage building. That's your land, and that slack-jawed Dufus is an idiot. Dump the debris on his land.

Problem solved.

IAAL
 
J

john123456

Member
sun81 said:
What is the name of your state? Texas

I have only owned my property for six years. After the fourth year, had a survey done on our property. Survey shows neighbor to one side has a storage buidling and fence nine feet onto my property. We talked to the owner (he rents this property) and showed the survey, and that his fence was over onto our property. He acknowledged he placed the fence there, without a survey, and he didn't see why that the fence should be moved. Of course not, that is nine feet of free property for him. So, can we move his fence and re-claim our nine feet of property? We are allowing for the existing metal storage, which gives him two feet of free property, but the back yard is slightly crooked, and that is where the nine feet is.
Thanks for any info!
Click to expand...
Why did it take you two years to confront the owner?
 
S

sun81

Member
Time Limit on Fencing

Well, I am not a guy, and I didn't take two years to talk to the owner. I couldn't afford a survey until I had lived here for four years, and within that year, I talked to the home owner. My husband and I are going to be nice, and remove the original fence ourselves. I know, legally I can make the home owner do it, and I should for him being an opportunitst with my property. And when we start digging holes for the new fence, and he gives us a problem, then I will send papers telling him he will remove the existing fence. But, we are going to try to keep it nice. I can't touch the old storage...it is "grandfathered" in.
Thanks for the replies.
 
H

HomeGuru

Senior Member
sun81 said:
Well, I am not a guy, and I didn't take two years to talk to the owner. I couldn't afford a survey until I had lived here for four years, and within that year, I talked to the home owner. My husband and I are going to be nice, and remove the original fence ourselves. I know, legally I can make the home owner do it, and I should for him being an opportunitst with my property. And when we start digging holes for the new fence, and he gives us a problem, then I will send papers telling him he will remove the existing fence. But, we are going to try to keep it nice. I can't touch the old storage...it is "grandfathered" in.
Thanks for the replies.
Click to expand...

**A: the old storage is not grandfathered in if it encroaches without the affected property owner's consent.
 
S

sun81

Member
Oh? My husband and I were made to understand that any existing building that was there for a long period of time was considered "grandfathered". I did go online and search for info on this, but it is hard to weed through all of it. Is there a site that gives me more info on this? My garage was built with my house over eighty years ago, and is a foot onto the neighbors property. So, is my garage up for a tear down? The neighbor has already built a fence five inches off the garage roof, so I don't see that as a problem.
Thanks for the info
 
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