03-18-2012, 10:14 AM
1 posts, read
19,481 times
Reputation: 19
My house currently has a chain fence between my neighbors house and mine which was put there by the original owners of both houses some 30 yrs ago. Recently I decided to put a wood fence up at my expense and also learned after locating my original survey that my neighbors fence is encroaching on my property at one end by 3.5 feet.
03-18-2012, 02:29 PM
833 posts, read
1,885,106 times
Reputation: 845
Do not know the law but not a very good way to get along with your neighbor.
03-18-2012, 02:40 PM
Location: Houston, TX
2,239 posts, read
3,228,861 times
Reputation: 1180
Your neighbor is a total BEEP- hole!
03-18-2012, 03:28 PM
42 posts, read
161,738 times
Reputation: 20
Situations like this don't really apply to adverse possesion. If you install a fence, make sure it is COMPLETELY on your side of the property lines (generally, there will be metal rods in the ground) and let him have it. He will spend more time making an ordeal about it than anything else. If he sues you, it will be a small claims court issue and you can counter sue for legal fees. He really doesn't have much of a claim.
03-18-2012, 06:46 PM
Location: Houston, TX
8,895 posts, read
19,990,094 times
Reputation: 6372
I am pretty sure that if an encroachment exists for x number of years, your property goes to the person who currently has encroached on it. You may be out of luck unless you just have a nice neighbor, which doesn't appear to be the case here.
03-18-2012, 07:13 PM
42 posts, read
161,738 times
Reputation: 20
Quote:
Originally Posted by
texas7
I am pretty sure that if an encroachment exists for x number of years, your property goes to the person who currently has encroached on it. You may be out of luck unless you just have a nice neighbor, which doesn't appear to be the case here.
This isn't correct. The whole arguement is the encroachment arguement. You do not by law have to erect a fence on YOUR property line. You can place it anywhere in side of your property. Common practice is the fence will be on the side that first erects it, but it isn't always the case.
If you were to erect a fence 10' inside your property line on all sides, that doesn't mean that someone else now owns your property.
03-18-2012, 07:18 PM
Location: Houston, TX
8,895 posts, read
19,990,094 times
Reputation: 6372
But if you allow someone to fence in part of your property, I think that is where the issue may arise, if you let them keep their fence on your property.
03-18-2012, 07:19 PM
Location: A little suburb of Houston
3,702 posts, read
18,208,805 times
Reputation: 2092
There is an excellent write up explaining Texas adverse possession laws at the Texas A&M website. Just Google Texas adverse possession law and look for the pdf doc at the tamu site. NYer75 had the right ides IMO, put the fence up at the proper location and let them challenge it. Chances are they will not as it involves quite a bit of expense to hire a lawyer and fight for it in court. It would not hurt or cost too much to consult an attorney which is probably the best advice anyone can give.
04-16-2013, 07:21 PM
9 posts, read
32,825 times
Reputation: 14
This is old but my atty in Houston says adverse possession doesn't apply in residential subdivision neighboroods
04-17-2013, 06:23 AM
914 posts, read
1,831,815 times
Reputation: 588
If you search adverse possession and fence you will find lots of information. You might want to consult a lawyer that specializes in real estate matters before you spend money on the fence. An ounce of prevention...
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People in Group quarters - Homes for the mentally ill (%)
People in Group quarters - Homes for the mentally retarded (%)
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Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
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House heating fuel used in houses and condos - Utility gas (%)
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House heating fuel used in houses and condos - Coal or coke (%)
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House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
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House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
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Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
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Blood Pressure & Cholesterol - Has high blood pressure (%)
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Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
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Consumer Behavior - Money monthly spent on food at supermarket/grocery store
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Consumer Behavior - Money monthly spent on eating out
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Consumer Behavior - Income spent on food at supermarket/grocery store (%)
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Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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