Question on county deed records

[deejune]

About two years ago my next door neighbor built an 8ft wooden fence replacing the chain link fence. He had a survey done and the property line was moved 6 inches onto our property. We questioned the surveyor at length and he told us we'd have to get our own survey done at our expense to dispute it. We left it alone. My question is after reading some information was that survey suppose to be recorded with the county and thus changing the county records for my property and his property lines? The city had to approve the fence but not sure they know the property line was moved. I assume the surveyor was state approved as he said his findings hold up in court when we were questioning his findings.

 

[army judge]

About two years ago my next door neighbor built an 8ft wooden fence replacing the chain link fence. He had a survey done and the property line was moved 6 inches onto our property. We questioned the surveyor at length and he told us we'd have to get our own survey done at our expense to dispute it. We left it alone. My question is after reading some information was that survey suppose to be recorded with the county and thus changing the county records for my property and his property lines? The city had to approve the fence but not sure they know the property line was moved. I assume the surveyor was state approved as he said his findings hold up in court when we were questioning his findings.

The FIRST thing you shoudl do is have your own survey done.

Make sure the person you choose is a licensed surveyor in your state.

Your surveyor will (or should) check his results with what is recorded on your deed and the deeds of neighboring property owners.

Once you receive that report you can determine what you can and should do next.

If the surveys offer conflicting opions, you should seek the counsel of a local attorney.

But, until you have commissioned your own survey, anything you say or do will be useless.

 

[Latigo]

boundary line by acquiesence

Questions: 1. Irrespective of what the respective deeds may call as the demarcation line separating your property and the neighbors, did that chain link fence stand as a physical representation of that line?

2. If so, how many continuous uninterrupted years has that chain link fence been in existence?

If it has been in continuous uninterrupted existence for a fixed number of years (which I believe in Texas would be ten years; see: Texas Civil Practices & Remedies Code Sec.16.021 et seq. )

And has been recognized as the demarcation line, then, survey or no survey, and regardless of the line called for by the respective deeds - that fence would be considered the "boundary line by acquiescence" or by "practical location".

Or as held in the Texas case of Kier vs. Fahrenthold 299 SW2d 744, "boundary line by estoppel"

And you could demand of your neighbor to remove the wooden structure and/or replace it on the pre-existing fence line.