Corpus Christi, TX asked in Real Estate Law and Land Use & Zoning for Texas

Q: fence dispute, we've been living in a residential home for 30 years as it was,neighbors say its 5 ft on their property

We've been living in this residential house for 30 years, when we moved in the fence was already there but recently the new neighbors claim its 5 Ft on their property do we have a claim to that land since we've been operating on it for 30 years?

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Maybe. But I would hire a professional surveyor to confirm whether what your neighbor is telling you is true first.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Real Estate Law Lawyer
  • Houston, TX

A: You do have a claim, but I do not think it would be worth it to sue for Adverse Possession. However, if the neighbor sues you over the line and the property, you can Counter-Claim Adverse possession. The general rule is that if you openly possess for 10 years in a row, you have a claim to the land.

Good Luck!

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