Texas adverse possession laws

10 Replies

I have a house I bought last year with a survey included. The survey shows the house being 2.5 feet over the property line the house was built in 1950s. Should I file a quiet deed claim with the courts or just leave it along and if the neighbor wanted to goto court, I can claim adverse possession. Btw the neighbor know about the house being built on their side.

@John Ho . If the Neighbor is aware of the situation and is OK with the situation, I would plan to get some legal documentation to validate the situation. The would cover you for a sale in the future, where a future buyer may not be OK with the current situation. 

Adverse possession, among other requirements, typically requires that you have been paying the property taxes for that property.
A Quiet Title action doesn't apply to this situation at all. If you think you need to do something, you Really need to talk to an attorney as both of these ideas are non starters.

Not sure why you purchased a house with that issue unless you bought it at dirt value, but adverse possession laws are not as "easy" as the gurus make them out to be. Your neighbor has you by the ying yang so don't make them mad, otherwise they can force you to move your house. Also, the photo is not a survey. 

No it is a 450 dollar survey with meets and bounds page. 
FYI there’s many many homes built over property lines in not master planned no deed restrictions communities.. its out in Crosby Texas a small city 10 mins outside Houston.. 
and I got the home for 40k renting it for 700 a month. Plus it comes with a extra corner lot.. So that’s why I bought it..

And adverse possession does apply they will have to go to court if they want me to move it.. read up on adverse possession laws Guy Gimszes tell me why it won’t apply?? It’s been there since forever and the neighbor never gave me or anyone any notice to move it or correct the problem.. I been paying taxes for my property.. but if the neighbor wants to make a big stink over it I have a moving company move it over 3 feet.. to me it is still a win because the extra land is worth min. 18k.. only problem is when I do sell It the buyer might not like the property over the lines.. the title company said I can have the neighbor sign a piece of paper that states I’m allowed to keep the property like that and it will be recorded in the deed or title..

@John Ho

Your not going to be successful just filing an adverse possession claim as any research will show there is more to it.  Someday you are going to want to sell and this will be an issue.  Personally, I would approach the neighbor about purchasing the encroachment and then getting the property surveyed again

Thanks my guy, gonna get a lawyer’s advice.. But a little back history on the property , the land or whole block use to belong to one person name Bart and the street is named Bart street, so I guess he had all the home built close to each in 1945 than later had the area sectioned off to smaller lots to sell them obviously they didn’t do a good job measuring or plotting the land..

@John Ho . According to several online legal writings the time required to establish Adverse Possession in Texas is 10 years. Lots can happen in 10 years. 

If you and neighbor are on the same wave length now, get an Attorney and make it Legal before the Neighbor changes their mind.