New fence puts neighbors water line in my yard.

McKinney, Texas

Hello all. When I bought my house 5 years ago there was an old decrepit fence between myself and my neighbor that was 2.5 feet on his property per my survey. My neighbor then built a new fence (about a year ago) against the old fence on his side of the old fence. I came home from work one day and a fence crew was installing the new fence. My neighbor never approached me about removing the old fence and building the new one on the property line per the survey. I recently tore down the old decrepit fence so now I have 3+ feet of the neighbors property on my side of his new fence. The problem is that now his water line runs about 2 feet in on my side of the fence. I need to do some drainage excavation where his water line is. Should he be responsibe for moving his water line inside his new fence area? Has there been enough time passed for me to claim adverse possission and claim that his water line is on my property? I'm not sure how long the decrepit fence was standing for. My neighbor has not seen this issue yet, I am trying to cover my basis for when I meet with him. I want to have an argument on hand if he says 'his water line is still on his property because the location of the fence does not matter', its the kind of guy he is.

Any help would greatly be appreciated.

Stephen

why did you tear down his fence? If the old fence was 2 1/2 feet onto his property, you had no right to even walk up to the fence let alone tear it down.

the fence is not the property line. His water line is still on his property and you need to stay off of his property. That means you need to stop mowing about 3 feet from the fence.

I want to have an argument on hand if he says 'his water line is still on his property because the location of the fence does not matter', its the kind of guy he is.

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the fact is: his water line is still on his property. He would be correct by stating the fence does not make the line. You know where the line is. Keep off his property.

Oh, and the neighbor did not have to ask you anything about putting up a new fence on his property. He put it about 3 feet inside the property line so he had no duty to speak to you at all about the fence.

The original decrepit fence was falling down and I had to prop it up with supports to keep it from falling into my yard. The neighbor built his new fence against the old one because he didn't want to deal with removing the decrepit one. Maybe I shouldn't have removed the old one but the way I see it I helped him. Adverse possession seems to apply when someone encroaches onto someone elses land**************.what about when someone like my neighbor leaves his old fence in place (2.5 feet on his land and falling onto my property) and builds another against it on his side? Does he not allow me to use the property just as AP states?

well, unless you can make a claim under color of title and have paid the property taxes on the land, you have about 20 more years of uninterrupted use before you can make a claim of adverse possession.

you had no right to enter the neighbors property. If the fence was encroaching on your land, you needed to give notice to the neighbor to remedy the situation. If he then failed to remedy, you probably could have removed the junk and sent him a bill for the costs incurred.


while you could eventually make a claim of AP (many years from now), simply by placing the fence not on the line does not affect that.

So, it is now your opportunity to prove you are a decent person by respecting what you know is the property line or show yourself to be a scoundrel and attempt to make a claim on the neighbors property.

please tell me that society has not sunk so low as a person would actually scheme to effectively steal the neighbors property simply because he chose to not enclose 100% of his property.

that is low.

So far the replies have basically called me a thief and evil person. In fact, I am trying to do the right thing. I don't want to disturb his water line if it is not my right. Lets step back and look at the original decrepit fence. It was 2.5 feet on his property for at leat 8 to 9 years and possibly more. All other property line dispute threads I have read show most people trying to keep that extra 2.5 feet with most replies agreeing with them because the neighbor at loss has not attempted to keep the neighbor at gain from putting this land to good use. Basically this 2.5 to 3 feet of land on my side of the fence has become stagnant because you say I CAN'T do anything with it but the neighbor dosn't want any thing to do with it. If I had not mentioned the water line to begin with, would the replys have been any different?

=jaxnbliss;2497687]So far the replies have basically called me a thief and evil person. In fact, I am trying to do the right thing

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. You are? then stay off the neighbors property. That is the right thing. You know where the property line is so doing the right thing would be to not trespass onto the neighbors land.

I don't want to disturb his water line if it is not my right.

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good. It isn't your right. Leave it alone.

Lets step back and look at the original decrepit fence. It was 2.5 feet on his property for at leat 8 to 9 years and possibly more.

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unless the claim is under the color of title and you YOU paid taxes on the property, it takes 25 years and a lawsuit to claim title to the property.
from the most recent post, it appears the neighbor is now telling you to get off his land. At that second, the accrual of time towards an AP claim stopped. It now starts over and at 25 years, it will be a long time coming especially since all he has to do is tell you to stay off the land once in that 25 years to restart the time accrual.

All other property line dispute threads I have read show most people trying to keep that extra 2.5 feet with most replies agreeing with them because the neighbor at loss has not attempted to keep the neighbor at gain from putting this land to good use.

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well, they are both idiots and thieves then.

Basically this 2.5 to 3 feet of land on my side of the fence has become stagnant because you say I CAN'T do anything with it but the neighbor dosn't want any thing to do with it.

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It is his property. He doesn;t have to do anything with it the law does not demand of him. That does not give you the right to do something with it and then try to claim it.

If I had not mentioned the water line to begin with, would the replys have been any different?

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no. it has nothing to do with the water line. The fact you are trying to make him move his water line from his property simply makes you appear all the more devious and dishonest and bordering on evil.

If you could stop yelling at me. I came here to look at options and your yelling more than giving advise. Your information is wrong. Paying taxes on the land only applies to a certain type of AP statute. According to the Texas Real Estate Licensing Act, the ten-year statute is as applies,'The ten-year statute is sometimes referred to as true adverse possession. No incidence of title or deed is required for entry. No payment of property taxes is mandated after entry. According to Section 16.026, the adverse possessor simply cultivates, uses or enjoys the property for ten continuous years. Some restrictions apply to the amount of land claimed. If the person enters without title, and if the land is not enclosed, the claim is limited to 160acres. If the land is enclosed, the person may claim all the enclosed acreage that is adversely and peaceably possessed. If the person enters under a registered deed or other memorandum of title, however, the possessor’s claim extends to the specified boundaries after ten years'. The ten years is cumulative for current owner and previouse owners who have encroached on the land. As for the now dead space, I guess I just call him every week and remind him to come over and mow his strip of property.

do you mean the Texas Real Estate License Act? Like in the occupational code that puts forth the requirements for a person to sell real estate in the state of Texas?

If you want to quote law, how about quoting the correct law.

that would be Texas CIVIL PRACTICE AND REMEDIES CODE

and more specifically sections 16.021 through 16.028 as the applicable sections.


the fence being where it is does not prove use nor possession. It is a fence.

so, you want to claim the land? file a suit to quiet title. It will be relatively cheap. Most people have stated around $10,000 and it is quite quick. Again, many people quoting time lines of 2 to 5 years.

Until that time, get off his land.

Oh, and unless the community has an ordinance that requires him to mow the property, when you call him to tell him to mow the land, he can simply tell you to get lost. Enough of the phone calls and he can call the police for harassment.

Section 16.026 (as noted in my previous post) is taken from the Texas Civil Practices and Remedies Code. It falls between sections 16.021 through 16.028 numericaly. The 25 years you speak of applies to tolling which is defined under Section 16.022 of the Texas Civil Pracitices and Remedies Code. 'Unlike the federal law, the state statute places a 25-year limit ontolling. According to Section 16.027, a person, regardless of legal disability, must bring suit within 25 years to recover real property held in peaceable and adverse possession by another who cultivates, uses or enjoys the property. Thus, the fourth statute of limitations in Texas is the 25-year statute. It limits tolling to 25 years under the three-, five- and ten year statutes'.

If you were my neighbor and started claiming my land, I would sue you for stealing the old fence. Stay on your own land and you won't have a problem.

The neighbor can claim he has fence set back from property line so he can maintain both sides of the fence.

=jaxnbliss;2497788]Section 16.026 (as noted in my previous post) is taken from the Texas Civil Practices and Remedies Code

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. I know where it came from. You are the one claiming it came from, and this is quoted from your post:

. According to the Texas Real Estate Licensing Act,

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I am the one that said Civil pract and rem code.

The 25 years you speak of applies to tolling which is defined under Section 16.022 of the Texas Civil Pracitices and Remedies Code.

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No. the 25 year limit is from 16.027 and 16.028 as quoted here:

§ 16.027. ADVERSE POSSESSION: 25-YEAR LIMITATIONS PERIOD
NOTWITHSTANDING DISABILITY. A person, regardless of whether the
person is or has been under a legal disability, must bring suit not
later than 25 years after the day the cause of action accrues to
recover real property held in peaceable and adverse possession by
another who cultivates, uses, or enjoys the property.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

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§ 16.028. ADVERSE POSSESSION WITH RECORDED INSTRUMENT:
25-YEAR LIMITATIONS PERIOD. (a) A person, regardless of whether
the person is or has been under a legal disability, may not maintain
an action for the recovery of real property held for 25 years before
the commencement of the action in peaceable and adverse possession
by another who holds the property in good faith and under a deed or
other instrument purporting to convey the property that is recorded
in the deed records of the county where any part of the real
property is located.
(b) Adverse possession of any part of the real property held
under a recorded deed or other recorded instrument that purports to
convey the property extends to and includes all of the property
described in the instrument, even though the instrument is void on
its face or in fact.
(c) A person who holds real property and claims title under
this section has a good and marketable title to the property
regardless of a disability arising at any time in the adverse
claimant or a person claiming under the adverse claimant.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

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16.022 has to do with effect of disability on the running of the time.

'Unlike the federal law, the state statute places a 25-year limit ontolling

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.where are you getting this crap? Federal law for a state issue?

According to Section 16.027, a person, regardless of legal disability, must bring suit within 25 years to recover real property held in peaceable and adverse possession by another who cultivates, uses or enjoys the property

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.Uh, ya. I have read them.

Thus, the fourth statute of limitations in Texas is the 25-year statute. It limits tolling to 25 years under the three-, five- and ten year statutes'.

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I think you need to go back and re-read that section again.



regardless of any of it, unless you want to institute a suit to quiet title, you are a trespasser. If the neighbor threw you off the land and you fail to file suit, you lose.

Put up your own fence inside your side of the property line a couple of inches. Make it a privacy fence so you don't have to look at his side. Then you can attach your front fence and your back fence to your side fence.

jaxnbliss said:

Section 16.026 (as noted in my previous post) is taken from the Texas Civil Practices and Remedies Code. It falls between sections 16.021 through 16.028 numericaly. The 25 years you speak of applies to tolling which is defined under Section 16.022 of the Texas Civil Pracitices and Remedies Code. 'Unlike the federal law, the state statute places a 25-year limit ontolling. According to Section 16.027, a person, regardless of legal disability, must bring suit within 25 years to recover real property held in peaceable and adverse possession by another who cultivates, uses or enjoys the property. Thus, the fourth statute of limitations in Texas is the 25-year statute. It limits tolling to 25 years under the three-, five- and ten year statutes'.

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If OP wants to go this route, he should finish what he started an answer his own question.

If you were my neighbor I would place a large statue of David (you know the one)in my yard- and point it your way, as a reminder of what kind of neighbor you appear to be

jaxnbliss said:

McKinney, Texas

Hello all. When I bought my house 5 years ago there was an old decrepit fence between myself and my neighbor that was 2.5 feet on his property per my survey. My neighbor then built a new fence (about a year ago) against the old fence on his side of the old fence. I came home from work one day and a fence crew was installing the new fence. My neighbor never approached me about removing the old fence and building the new one on the property line per the survey. I recently tore down the old decrepit fence so now I have 3+ feet of the neighbors property on my side of his new fence. The problem is that now his water line runs about 2 feet in on my side of the fence. I need to do some drainage excavation where his water line is. Should he be responsibe for moving his water line inside his new fence area? Has there been enough time passed for me to claim adverse possission and claim that his water line is on my property? I'm not sure how long the decrepit fence was standing for. My neighbor has not seen this issue yet, I am trying to cover my basis for when I meet with him. I want to have an argument on hand if he says 'his water line is still on his property because the location of the fence does not matter', its the kind of guy he is.

Any help would greatly be appreciated.

Stephen

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Just to be clear in case you still don't get it - YOU can't claim 3' of his property because the fence doesn't straddle the property line. YOU can't do anything to his property without his permission.

Quit being a jerk. He probably asked you to pay for half of the fence and you refused. This way YOU can't cross his property line and attach your back and front fences to it.

jaxnbliss said:

Basically this 2.5 to 3 feet of land on my side of the fence has become stagnant because you say I CAN'T do anything with it but the neighbor dosn't want any thing to do with it. If I had not mentioned the water line to begin with, would the replys have been any different?

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Let's put aside the issue of the old fence. You did him a favor, maybe. Right or wrong, he didn't object to you throwing it out. So that's in the past.

Here's what you need to do: talk to him. Tell him you need to do some digging near the line. You're concerned about his water line, but you'll take care not to break it. Ask him if it's okay if when you're doing the work a few shovelfulls of dirt might end up on his property. If you're nice it probably wont' be an issue.

Then, going forward ask him if he minds if you mow that 3 foot strip when you mow your lawn. Get his permission. Then you can keep it looking decent. It won't be AP, because it's with permission. But you do get implicit use of a 3' strip of land anyway.