Q: Have allowed neighbor to use five feet of my property. Do I retain ownership indefinitely?
No documentation. They have planted many shrubs, now established. I still pay taxes in that strip.
A: As I am sure any Texas lawyer will agree, you should put all agreements in writing so that in the future you don't have problems arise that are extremely expensive to litigate. Generally neighbors don't have problems until one or the other sells the property. The buyer relies on what he/she sees and can get very attached to the property that is not really his/hers. You can only imagine what happens when both sides sell and the person who buys your property gets a survey done and wants to sue both you and your neighbor for the deal. This is why it is always best to have a lawyer prepare the document that is required to allow the use for a period of time and retain the ownership rights. This document is almost always recorded so that future purchasers are aware of the deal and the present owners are therefore not usually exposed to liability. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
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