Reality check--neighbor's fence on in-law's property

[JamesHW]

Since this is Texas, naturally Texas law on adverse possession would apply. I would avoid taking any direct physical action such as setting posts or removing the disputed fence until good legal counsel is received. I read a good article on texas law regarding adverse possession and it would appear your inlaws may benefit from the fact that they recently purchased the property and only found out about the issue recently, which by my reading of the law, the statute of limitations (3, 5 or 10 years depending) may start from the date they received the new survey (NOTE: IANAL, they need to get good counsel on this).

Getting good legal advice on this should not be expensive. I fall on the side of hashing it out with the neighbor in a friendly manner, but clearly understanding their rights under the law. Also, making the realtor handling the property sale aware of the issue would in my opinion bind her to have to disclose to any prospective buyers, thereby clouding the title somewhat and possibly making the property more difficult to sell.

Also, curious if the inlaws purchased title insurance? If they did, couldn't legal fees might be covered under the insurance?

 

[beppington]

Well I'd put it right on the line. Draw a string from one marker to the other and thats where the fence goes ... I wouldn't give up an inch of my land.

What if you put the fence smack on the line, but then decide to use concrete on some of your posts. YOUR concrete may be on THEIR land

I can certainly understand not wanting to give up an inch of your land, but I just think a minimal buffer is more likely to eliminate potential issues.

 

[LBrown59]

Go by the survey and get the fence put up asap ... don't worry about her paying for it. Just get it done at your cost and end it.

That way ... if someone buys it they know where the line is "The Fence" per the survey.

Why is it that the old lady's survey and her deed are the incorrect information ?

 

[Professor Marvel]

Since this is Texas, naturally Texas law on adverse possession would apply. I would avoid taking any direct physical action such as setting posts or removing the disputed fence until good legal counsel is received. I read a good article on texas law regarding adverse possession and it would appear your inlaws may benefit from the fact that they recently purchased the property and only found out about the issue recently, which by my reading of the law, the statute of limitations (3, 5 or 10 years depending) may start from the date they received the new survey (NOTE: IANAL, they need to get good counsel on this).

Getting good legal advice on this should not be expensive. I fall on the side of hashing it out with the neighbor in a friendly manner, but clearly understanding their rights under the law. Also, making the realtor handling the property sale aware of the issue would in my opinion bind her to have to disclose to any prospective buyers, thereby clouding the title somewhat and possibly making the property more difficult to sell.

Also, curious if the inlaws purchased title insurance? If they did, couldn't legal fees might be covered under the insurance?

I agree completely with James here. Although it kills me to agree with anyone from DC. But the sooner you deal with it the better.
As my lawyer told me in a similar situation where we tried to be nice to the neighbors, "no good deed goes unpunished". He was right and it took years and the neighbors are as hostile as if we just told them to get off the first day.

 

[Willl]

"Good fences make good neighbors"

I'd be building a new fence today.

 

[LBrown59]

Bla Bla Bla Bla ... go by the survey ... a legal document and build a new fence before the property is transfered.

Just because it's the newest don't mean it is the correct survey and or deed.

 

[blueriver]

Why is it that the old lady's survey and her deed are the incorrect information ?

No ... he stated the survey revealed the Offical Markers. I'd say thats pretty darn close.

 

[blueriver]

What if you put the fence smack on the line, but then decide to use concrete on some of your posts. YOUR concrete may be on THEIR land

I can certainly understand not wanting to give up an inch of your land, but I just think a minimal buffer is more likely to eliminate potential issues.

Oh how true that is ... but that portion of the concrete is underground or at least ground level. I guess I'm different, every fence I've ever built was on the property line.

It also gets me that the current survey also uncovered the offical markers ... so I'm thinking there's not alot to argue over and especially nothing to pay an attorney for.

 

[zzvyb6]

Be careful of what you call a 'survey'. Much surveying is done today by differential GPS and here in MI I was just told by the head of and engineering (survey) company that its NOT a legal survey because the GPS delineatitions drift from day to day and hour by hour. That's why you see Google and Bing aerials with roads overlaid that are not coincident. Just recently a pipeline company was planning to install a new line right through some people's houses because the 'survey' done by GPS put the 'new' easments up to 40' off. OOps. I went through this too when a roadway 'easement' was done quick & dirty by GPS and its off by a laughable amount.

Only legal survey in this county according to Circuit Court is done by theodelite and chains from the county markers. Hope you are not jumping to the wrong conclusions.

 

[JamesHW]

Oh how true that is ... but that portion of the concrete is underground or at least ground level. I guess I'm different, every fence I've ever built was on the property line.

It also gets me that the current survey also uncovered the offical markers ... so I'm thinking there's not alot to argue over and especially nothing to pay an attorney for.

The offical markers would be pieces of rebar set in the ground? By "official", I'm assuming he meant corner stakes from a previous, presumably filed survey. The only offical marker I've ever seen anywhere near my property is a brass plate set in the middle of the road adjacent to the north western corner of my land. The old, now retired surveyor who did a 1960's survey of my acreage property explained to me that my northern border coincides with one of the original Kayadrossera Patent purchased from the Mohawk and Iroquois in the early 1700's.

Having said that, the surveyor finding previous survey corner posts at the point where he determined the corners should be certainly add weight to his survey.

In a dispute such as this I suspect the eldery ladies borders will need to be confirmed independently, unless she conceeds that the fence was placed in error and accepts the more recent survey. I doubt if the moving of the fence will reduce the price of her land, but people can get funny about fence lines and spend money on lawyers far in excess what the actual value of the disputed area is worth.

After disclosing the issue to her perhaps an offer to share in the expense of moving the fence and clearing up the title in the process prior to her listing the property will entice her to be nice and agree.