darlin1959
Junior Member
What is the name of your state? Texas
My husband and I live the the house I grew up in as a child. It was left to me when my mother died. Some years later we had gotten an equity line of credit and remodeled the house. No survey was done at that time, the mortgage company used what was already on file.Last year in June of 2006 we refinanced and when we refinanced, a new survey was done. The survey showed that the neigbors fence was 3 feet over on our property. The neighbor disagreed and disputed the survey. She had to have a block survey done and the survey for the block showed the same thing our survey showed. Her fence was 3 feet over on our property. At one time she did agree to let us move the fence if we would take care of the fence. We were going to do that but weather issues and health problems with our family prevented us from doing that. She is now stating that since she has had the fence up for over 20 years that the property line is hers. Now let me tell you this, when we did the equity line of credit and they did not do a survey, we never knew that the fence was 3 feet over on our property. We did not learn this until the survey had been done when we refinanced last year. Another thing is that she has never paid the taxes for the portion of land she is claiming is hers. We have paid the taxes and my mother paid the taxes before we got the house. We feel that because the line surveyed is the property line on our property that we are entitled to it even though she is trying to claim this because of the statute of limitations. She also has 2 buildings in her backyard that are not 5 feet from the line which are in code violation. She is also now trying to claim the property line on the front side of the property which she says she has had sprinkler heads on the line for over 20 years and that is not the case. She also had about 12 shrubs on the line which have only been up 18 months to 2 years. We had the line marked to where you see where the divison should be. We put our own fence on that line which took her about 8 of her shrubs hostage which was 3 feet high and she and her male companion tore the fence down and hauled it off, which they stole our fence. She is now trying to sue us. Can you give me information that might help us when we go to court. Thank you.
My husband and I live the the house I grew up in as a child. It was left to me when my mother died. Some years later we had gotten an equity line of credit and remodeled the house. No survey was done at that time, the mortgage company used what was already on file.Last year in June of 2006 we refinanced and when we refinanced, a new survey was done. The survey showed that the neigbors fence was 3 feet over on our property. The neighbor disagreed and disputed the survey. She had to have a block survey done and the survey for the block showed the same thing our survey showed. Her fence was 3 feet over on our property. At one time she did agree to let us move the fence if we would take care of the fence. We were going to do that but weather issues and health problems with our family prevented us from doing that. She is now stating that since she has had the fence up for over 20 years that the property line is hers. Now let me tell you this, when we did the equity line of credit and they did not do a survey, we never knew that the fence was 3 feet over on our property. We did not learn this until the survey had been done when we refinanced last year. Another thing is that she has never paid the taxes for the portion of land she is claiming is hers. We have paid the taxes and my mother paid the taxes before we got the house. We feel that because the line surveyed is the property line on our property that we are entitled to it even though she is trying to claim this because of the statute of limitations. She also has 2 buildings in her backyard that are not 5 feet from the line which are in code violation. She is also now trying to claim the property line on the front side of the property which she says she has had sprinkler heads on the line for over 20 years and that is not the case. She also had about 12 shrubs on the line which have only been up 18 months to 2 years. We had the line marked to where you see where the divison should be. We put our own fence on that line which took her about 8 of her shrubs hostage which was 3 feet high and she and her male companion tore the fence down and hauled it off, which they stole our fence. She is now trying to sue us. Can you give me information that might help us when we go to court. Thank you.