Tuesday, November 17, 2009

In Texas land was inherited and divided. Fenced off for 40 years can the other party come in and refence?

Our land has been divided for years a cousin comes in and decides to get some one to survey land (The Core of Engineers came in 15 years ago and took 116 acres) so the deed in not exact on acreage. The other party says fence is suppose to be over 7 feet than what it has been in 40 years. can they do this what are the laws in Texas concerning this.Is it true that if land has been fenced off for so long that it is void?? Please help.

In Texas land was inherited and divided. Fenced off for 40 years can the other party come in and refence?
Two issues. One is what the deeds say. The other is a concept called adverse possession.





Adverse possession says that if you claim land for a long period of time (10-20 years), and actually use, then you get to keep it. It's more complicated than that in practice, but that's the idea.





The issue will get decided by a court. If you care about the seven feet, then you should consult with an attorney. She'll probably recommend filing what is called a "Quiet Title" action. That asks the court to settle any issues regarding property ownership.
Reply:Your only choice is to see a good lawyer.


No comments:

Post a Comment