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Three neighbors recently encroached on mom's property

Discussion in 'Adverse Possession' started by omchatmon, Apr 28, 2015.

  1. omchatmon

    omchatmon Law Topic Starter New Member

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    First neighbor placed his lumber, two cages for roosters (I'm told uses them for cockfights & I believe this is illegal, but haven't caught him in the act) and tied up his pit bull on my mom's property using about 1/8 acre. I told him if he's interested in the property, there are three local financial institutions that lend money on unimproved land. He seemed interested and said he wanted to buy it. Upon doing further research, I learned he has a Lease-to-Buy Agreement with the owner, who said he made this arrangement with them because they couldn't afford the 40% down required for the loan. Haven't heard from them in over three days so it sounds like he's lying.

    Second neighbor fenced the back of their property curving into mom's property--about another 1/8 acre. We politely asked them to realign their fence within their property bounds. At first the wife was resistant, demanding we get a survey. I mentioned to her that if we do, it will go to court and when we win, the loser may have to pay attorney & filing fees. The wife then agreed to look into fixing the fence.

    Third neighbor fenced, put up "No Trespassing" sign and surveillance camera and felled mature hickory trees on over an acre of mom's property. We spoke with him a couple of years ago about buying his property--he said he was fixing it up for his son and didn't want to sell. His property has a large locked gate but we were able to find him there this Saturday. We drove up the driveway and he approached from the rear of my mom's property, clear up to his house in front, in what looked like a Caterpillar Backhoe, which I was told by a neighbor, that he used to clear the land. He had a sheepish smile on his face when I gave him the name of our realtor, telling him if he's not interested in buying the property, he needs to take the fence, signs and camera down. He said he does business with one of the banks that makes loans on undeveloped land and would apply. The bank is open until 2pm Saturday. Here it is Tuesday & neither we nor the realtor have heard anything. Sounds like another liar to me.
    I need help locating a "Notice to Quit" -- most of these forms are for use with a tenant, we never had a rental agreement with any of these people.
    My mom is elderly and cannot afford her medications, let alone a surveyor and attorney. I've tried calling Bexar County Legal Aid but their phone always disconnects me.
  2. army judge

    army judge Super Moderator

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    A notice to quit or vacate isn't going to be useful.
    Your remedy lies in a county court room.
    I suggest you resist discussing property sales, because that could hurt your case.
    These people are in the early stages of adverse possession, and its time to contact the sheriff or police agency and have them TRESPASSED.
    You can also consult an attorney and discuss what legal remedies are available to you so that you can legally cause the trespassers to be removed from your mther's property.

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