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

[jinman]

My deed is described in a clockwise direction from a point of origin on the south east corner. Distances/directions, & pins on 3 sides. The east end of the north boundary is described as "to where it meets the brook, then follows the brook (downstream) to where the fence crosses the brook, then follows the fence..." to the point of origin. Problem is -THERE IS NO FENCE!

I knew that as soon as I said "never" I was in trouble. That's why I also said "to my knowledge." Never and always are two words that always get me into trouble.:ashamed:

 

[greasemonkeyok]

When a fence is installed in a location to avoid an obstruction, say a boulder, it is not a boundary line fence. The OP's fence does not sound like a boundary line fence.

 

[ustmd]

So to give everyone an update, after much discussion, the older women agreed to move her fence to her property line.

We put in four 7" round posts to establish the correct line for her fence. Once we get some rain, she will have the rest of her fence moved (or more likely I will move her fence).

Just as an FYI, for those of you who asked how hard can it be to move a 3 strand electric wire fence, right now in Texas, during an 18 month long drought, it be be pretty hard. Using a skidsteer and a 9" rock auger, it took 3 of us 2.5 hours to drill and set those four posts (32-36 inches deep).

 

[RobertN]

Augers dont work well around here; too much rock.

Best thing we have bought is a 2lb Makita electric jackhammer... If we're not close to the house, the gas generator runs it fine. Otherwise, good luck building fence around here.

Just as an FYI, for those of you who asked how hard can it be to move a 3 strand electric wire fence, right now in Texas, during an 18 month long drought, it be be pretty hard. Using a skidsteer and a 9" rock auger, it took 3 of us 2.5 hours to drill and set those four posts (32-36 inches deep).

 

[JamesHW]

Glad it is working out without anyone getting their shorts in a twist.

 

[blueriver]

So to give everyone an update, after much discussion, the older women agreed to move her fence to her property line.

We put in four 7" round posts to establish the correct line for her fence. Once we get some rain, she will have the rest of her fence moved (or more likely I will move her fence).

Just as an FYI, for those of you who asked how hard can it be to move a 3 strand electric wire fence, right now in Texas, during an 18 month long drought, it be be pretty hard. Using a skidsteer and a 9" rock auger, it took 3 of us 2.5 hours to drill and set those four posts (32-36 inches deep).

Very good I am glad it is resolved.

 

[dmccarty]

We have gotten advice from lawyers for years without paying a penny for their service. No we are not CHEAP! We ask to pay for the lawyer's service, but for the advice we have been given, we have never been charged. I would guess we have done this with close to a half dozen different lawyers. We always ask for a bill but never get one. Granted we are asking pretty simple questions but we expected a bill for their time.....

Point being, talk to a lawyer to find out what you could/should do about the situation before acting. it likely will cost you nothing or very little.

DO resolve this problem ASAP.

When we bought our land we owned another three lots for about five minutes before selling to Person A. Years later Person A sold to Person B and Person C.

We knew A did not know the locations of the property line because A's dufus spouse took down the survey flagging. My big concern with this was that their septic filed ran 10 feet parallel to our land. I knew Dufus had no clue as to the layout of the lot so I paid for a survey of the common line to prevent THEIR septic field being placed on OUR land.

Dufus pulled down the flagging AGAIN.

The survey I for which I paid also inserted a pipe between the corners....

Person B was putting up a fence on their property. I could tell they did not know the location of the property line. Maybe it is just me but if I was putting up a very expensive fence I would KNOW the location of the line....

Thankfully the pin between the corners easily showed the fence was on MY land.

Fast forward a few years and Person A did not tell Person B or Person C that there were covenants on the land.....

<sigh>

Later,
Dan

 

[Larry Caldwell]

I am sorry to say that legally, I dont think you can do anything, other than maybe going after the people that sold the place to your inlaws or the realtors. Because if this woman has lived there for 10 years with no issues, and now all of the sudden the new neighbors(your inlaws) want to raise a fuss...Leagally, I think she owns the land now.

That's very unlikely.