Legal Question in Real Estate Law in Texas
My parents have owned a house in Texas for the last 12 years. There was an exsisting fence upon purchase. Two years ago the house behind theirs was sold, and the new owners had their property surveyed, and a section of the fence is on their lots. Under Texas law, is this sectiond grandfathered in, since my parents have kept the grounds and any maintence for the past 12 years?
1 Answer from Attorneys
Admittedly I am an Austin Divorce Lawyer so this is not the type of case I normally handle.
But I believe the answer to your question is, "It depends."
The concept of being "grandfathered in" is know in the law as "adverse possession". And you can adversely possess land in Texas (even if there is no color of title) in 7 years or exclusive and uninterrupted possession.
But, as with most concepts under that law there are exceptions and boundary line fences can be.
The best thing is to consult with a local lawyers who can be advised of all of the facts and give you an opinion.
Good Luck!
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