Property encroachment

[GoPokes83 2240]

How long after a fence is put up is it considered a permanent encroachment and not have to be removed? Not sure I asked that right but hopefully you’ll get my drift. We have a property that has a 20 ft undeveloped alleyway between ours and a neighbor’s. He put up a fence that took in about 15 feet of it. Now the county’s going to formally abandon the alleyway and the 20 ft will be split between us and his fence will then be 5 feet on our property. It’s a rental property so I’m not there much, but the fence has been put up pretty recently. Do I have any options to make him move it or am I SOL?

[Guest]

Encroachment? That's not 5 feet, that's 5 yards.

[NeverMarryAStripper 22030]

In Texas, the time period for adverse possession can be either 3, 5, or 10 years.  This case seems like it would fall under the 10-year period.  However, the abandonment by the county may affect this.  Was there a formal abandonment that ceded it equally?

[GoPokes83 2240]

There will be.

[Jerry Callo 8828]

In Texas, the time period for adverse possession can be either 3, 5, or 10 years.  This case seems like it would fall under the 10-year period.  However, the abandonment by the county may affect this.  Was there a formal abandonment that ceded it equally?

I think this is probably correct. Adverse possession doesn't work against the county. Adverse possession clock shouldn't begin to run until abandonment.

[Quagmire 2147]

Fuck his wife !

[Shaggy3.0 1695]

52 minutes ago, Quagmire said:

Fuck his wife !

How do you know he hasn't?  Check xvideos.

[Sawbonz 27776]

So this guy put up a fence on government property and now the government is ceding that property 50-50 to the two of you? If the fence is on your property, can’t you just give him a written notice to remove it within 30 days? Seems like the clock wouldn’t start ticking until the land is officially ceded 

 

Also, you should still fuck his wife on general principles

[South Austin 52686]

3 hours ago, Quagmire said:

Fuck his wife !

I believe this is supported by precedent.

[davidg 4040]

Send a registered letter (cc’d to yourself) letting him know you are aware of the fence on your property, and that said fence shall not be construed as you giving up possession of that property. That should take care of any adverse possession in the short term.

If you want him to move it to his property, inform him, and give him a time period to comply otherwise you will take action. I believe the fence is still his property so you moving/removing it might have some unintended consequences on your part.

If you ask him to move it and get a FU in return, I’m sure you can find a Surly lawyer to send a sternly worded letter for about tree-fitty.

[Shaggy3.0 1695]

On 8/25/2023 at 4:58 PM, South Austin said:

I believe this is supported by precedent.

Fucking wives and moms--especially South Austin Mom rug-- is a revered surly pastime.  

[pops 7044]

Possession has to be open and notorious. Clock can't start against the county. Will start ticking the day the county deeds the property to you. Hire a surveyor and get lines marked. Then send him a letter saying hey,  your Fence is on my land. Please move it. If he doesn't,  he's a bitch and then you fuck his wife. 

Stayed at a holiday Inn express last night. 

[MonkeyDoughnut 10439]

I once built a house that had same alley situation. I asked the city if I could fence in the alley since was not being used and they had as just an easement. They sent written response to yes. A month later I got certified letter from home builder behind me saying that land was actually property of house behind me. Inquired back with city and they said "oops, our bad"..... I had to move my fence.

It was nice though as the a-hole neighbors who moved in used to leave their dogs out barking. I'd just turn on the sprinkler zone that was in their backyard since I never capped it. I don't think they ever figured out what was going on.