Q: We rebuilt a barbed wire fence and moved it a few feet because the neighbor didn't want to lose the trees.
Several years ago we needed to rebuild a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the cost with the neighbor. We were willing to knock down the post oak trees that had grown up in the fence line, but the neighbor wanted to save the trees and volunteered to move the fence a few feet onto his property. Now we are trying to sell the land. Probably it will need to be surveyed. Do we need to compensate the neighbor for the value of his land and get the legal description of the land restated? How should this be disclosed to potential buyers? The property is located in Coleman County, TX,.
A:
You could sell the land with the fence over onto the neighbor's land and disclose that fact prominently in your sale docs. But that raises the problem for the buyer of having his fence on his new neighbor's land and subject to his neighbor's good will about letting it remain there. (Still, if the buyer is willing to take the property under that condition, you could sell it that way).
You are on target with your idea of buying that strip from your neighbor, if the price is right. Then have the surveyor establish the new boundary and update the metes and bounds in your legal description. If you can't get the strip at a reasonable price, you may have to move your fence back onto your land.
Use an experienced real estate lawyer (and a good surveyor). Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
