I own land in TX for 20 yrs and new neighbor says move fence b/c its on his side 40 ft, Do I have to move?

I own land in TX , that has been in my family for over 20 yrs and new neighbor says that my fence is over on his property by 40 ft. Do I have to move the fence, since it has been in place for 20 + yrs.?

I own land in TX for 20 yrs and new neighbor says move fence b/c its on his side 40 ft, Do I have to move?
Maybe not since unless you knew it was in the wrong place before and the old owner just allowed it.
Reply:Get the land surveyed. If the fence is on his land, then you have to move it. If not, tell the neighbor that the fence stays.
Reply:Get it surveyed. And go by what the survey says.





You do not automatically get the land just because you used it and cared for it for 20+ years. There are other things required before you can take the land by adverse possession, paying taxes on the land being one.





You also can't get a prescriptive easement unless your driveway is included in this disputed land.
Reply:I would get a surveyor in and have the land surveyed, then have the "Grandfather law" checked. If you have a Grandfather law and it's been 20 years, you may have more property then you think.





It all depends on how bad you want to be friends with your new neighbor. Actually, that happen to me in Minnesota, they had to do the surveying, Found out they didn't have a claim, they paid for everything. Check your laws.
Reply:No, it is technically YOUR land now. You don't have to move any fence. Your neighbor doesn't have a leg to stand on....





You took care of that land for 20 years, no one noticed, or told you to move your fence, therefore, at this time, you keep that fence exactly where it is and will always be.





Contact your city office if you feel that this information is in error.
Reply:You may have to move the fence at your own expense. Do yourself a favor and contact a local title company near you. Texas title can be tricky, so make sure you talk to the attorney at the title company...they should offer you some free advice on what you will have to do.
Reply:Well, if I were you first I would have the land surveyed just to make sure it's on their side of the land. That can be pricey, but if you don't want to have to move a fence it is for your best bet.


However if your fence is on their property no matter how long it has been there, by law you would have to move it. Hope this helps!
Reply:Check with an attorney, but you should be able to claim "Easement By Prescription" after 10 years.





The fence must have been built without consent of the other landowner, been open %26amp; obvious (duh.. its a fence!), used excelusively by you, and been in place continually for 10+ years.





It would also be wise to have the land re-surveyed to clear up any additional questions that may arise.
Reply:Get the land surveyed before you move the fence.
Reply:This is a legal question with a lot of twists and turns. You should consult a real estate attorney about your rights. It will be money well spent.
Reply:I hope it is a big lot! Get it surveyed and check your legal description. It might not be your fence.

pansy