Replacing super old fence - Legal question

[RattlesnakeDan]

Fence should go where the survey says it should go or it can cause issues not just now but with future land owners. Legal issues and personal issues, better to do it right in the beginning.

[Clark]

Read your deed.
If you have an acreage tract, there should be a legal description (or field notes) typically attached as an exhibit on the deed when the property was acquired.

Do you have that?

[Drycreek3189]

The law of adverse possession says that if you have maintained the fence for ten years or more and claimed that property as your own with no claims against it then it’s yours. In this case your neighbor’s. That’s an old law though, so I’d ask a lyer, excuse me, a lawyer if it’s still a viable law.

[krisw]

You paying taxes on land you can't use because it's on his side of the fence? I mean, you could sell him the difference.

[RiverRat1]

Pin to pin Tim, that’s on the plat and that’s what is right. You can produce a plat and he can not so there you go, let the surveyors figure it out. Call me if you need a hand

Fence should go where the survey says it should go or it can cause issues not just now but with future land owners. Legal issues and personal issues, better to do it right in the beginning.

Just got off the phone with my broker and this is what he said. The fence not being per the plat will cause even more issues down the road.

Read your deed.
If you have an acreage tract, there should be a legal description (or field notes) typically attached as an exhibit on the deed when the property was acquired.

Do you have that?

I have all that. The old fence is just wrong.

The law of adverse possession says that if you have maintained the fence for ten years or more and claimed that property as your own with no claims against it then it’s yours. In this case your neighbor’s. That’s an old law though, so I’d ask a lyer, excuse me, a lawyer if it’s still a viable law.

The issue is the neighbor is paying for half the fence. He doesn't under stand the term adverse possession but that's what he's claiming, sort of. My beef is he never maintained the fence. I know this because the cattle guy on my place always complains that he never helps with that fence LOL... Plus the fence is down in a lot of places...and he has no way to get there unless he busts through brush on foot for a half mile or more.

[meltingfeather]

It goes on the surveyed property line.
If the fence has moved how does he even know where it was at any point in time?
This is the reason we have iron pins in the ground and written surveys recorded in the county deed records accessible to anyone.
If he wants to fight you may have some recourse through your title policy if you have one.

[Radar]

I had a similar issue earlier this year, I ended up getting an attorney that specializes in these matters. Your neighbor cannot get squatters rights unless he can prove with records and receipts that he has maintained the property and that the property is needed for his lively hood. Matter of fact the attorney said I can represent you in court against this claim but your neighbor aint got a leg to stand on and whoever he has for an attorney is laughing behind his back.

He probably aint gonna pay his half on the fencing once you put it on the boundary line, so be prepared for that.

[Swampa]

Replacing super old fence - Legal question

And what's right?



And is right the same legally and morally in this case?

I’m no expert on the matter, but would think if it’s the right way it would be morally and legal. Maybe I’m wrong. Care to share anymore details?

Disregard! I just read your reply. Put it on the line. If he’s reasonable, he will understand. If not, **** him!

Sent from my iPhone using Tapatalk

[Burnadell]

Is the plat that you speak of the survey you got when you bought the land? It should show the fence then.

How long of a fence are you talking about?

[RiverRat1]

I had a similar issue earlier this year, I ended up getting an attorney that specializes in these matters. Your neighbor cannot get squatters rights unless he can prove with records and receipts that he has maintained the property and that the property is needed for his lively hood. Matter of fact the attorney said I can represent you in court against this claim but your neighbor aint got a leg to stand on and whoever he has for an attorney is laughing behind his back.

He probably aint gonna pay his half on the fencing once you put it on the boundary line, so be prepared for that.

Is the plat that you speak of the survey you got when you bought the land? It should show the fence then.

How long of a fence are you talking about?

1,650'

Yes, the plat when I bought the property. And nope, the existing fence does not follow it.

Should know more in the morning. But either way costing me money as the dozer clearing the old fence line thinking they were following the plat. Super thick brush. Will see what title company has to say. Will see if title insurance is worth a crap or not soon (if it's needed).

[Huntindad]

Be careful dozing over tress that are on his property. He may get upset and make you pay damages.

[wudduk]

Adverse possession is probably going to come into play if your neighbor decides to play that card. I've seen it happen before. Adverse possession will sometimes win out over the true property line.

[M16]

I had the same situation. I bought some land from a bank that did the fence according to the survey. Neighboring landowner sued the bank. They settled so I could buy it. It was only about an acre. I offered to buy the acre for $1500 which is what I paid for the rest. Nope. He had $10,000 in legal fees plus had to move 1/4 mile of fence.

Had another one where the neighbor wouldn’t go half. Went ahead and had the fence built. Neighbor calls and says the fence is off a couple feet in one place. I said okay. Go ahead and move it. 20 years later it’s still hasn’t been moved.

[Stan R]

Did you get a recent or new survey when you purchased the property?

If not then I bet the title company put in an except on that coverage.

This link might help

https://www.stewart.com/content/dam/stewart/Microsites/texas/pdfs/041813.pdf

[Burnadell]

1,650'

Yes, the plat when I bought the property. And nope, the existing fence does not follow it.

...but does the survey actually show the fence on the plat...in the wrong place? The survey should show the fence line, wherever it is, unless you just got a survey of the boundaries or corners. It seems like the title company would have put an exception to their title policy.