Q: my house is 50 years oil and also the fence the property was brought by someone he is demanding i move my fence . do i
do i have to move fence been told that texas law adverse procession says i do not have move it we mow and matain this 4 foot stretch
A:
It depends upon the nature of the fence. Under Texas law, there are two kinds of fences: “casual fences” and fences that “designedly enclose” an area. Courts have repeatedly found that maintenance of a casual fence does not create a designed enclosure, nor does it begin the running of the statute of limitations for adverse possession. If the fence existed before you took possession of the land and you fail to demonstrate the purpose for which it was erected, then the fence is a “casual fence.”
Repairing or maintaining a casual fence, even for the express purpose of keeping animals within the enclosed area, generally does not change a casual fence into a designed enclosure. On the other hand, you may change the character of a casual fence so that it becomes a designed enclosure. This is usually a fact question.
Actual and visible possession for purposes of an adverse possession claim can be established by a “designedly enclosed” fence, but not by a casual fence.
Fencing, farming, cultivating and use of the land by one is not, of itself, proof of such possession of the property as would start the running of limitations. Similarly, mowing the grass, planting flowers, and maintaining a hedge are not sufficient hostile acts to give notice of an exclusive adverse possession.
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