Was gifted land and having some issues.

[eugeniusii]

Texas

I was recently given some land by my grandfather. The land was in the corner of the farm. Several years ago a neighbor opened up a small section of the fence we were using for hay but hadn't used in a while. Now that the land is mine I need the small piece because it is my only road frontage and will be my driveway. I called the property owner but she became hostile very quickly. She told me if I trespass on her property (my property) she will call the cops. I ordered a survey and will have it completed early next week but it is very very very clear I own the property based on tax records and both her and my deeds. I also own a 50x100 piece of land within her fence separately. I am not sure how long she has had it under fence. Once my survey is complete can I legally move the fences if the survey proves I own them.

 

[LeeHarveyBlotto]

The answer is not necessarily. How long has the neighbor been using the small pieces of land in question?

 

[eugeniusii]

The answer is not necessarily. How long has the neighbor been using the small pieces of land in question?

I am not exactly sure when she put either one up. I know the one directly in question was within the last 5-10 years but for the other 50x100 I am not really sure it could be longer. I know we pay taxes and have deeds for both and she have a deed or pay taxes on either.

My next question would be even if they had the land fence for XYZ years could it be legally theirs if they took no action to register or pay taxes on it. I dont exactly understand how you can take someones land by their inaction and maintain it without action.

 

[FarmerJ]

When was the land in question titled to you ? ( wondering if that may re set the time clock for any claim the neighbor has? ) when you end up using the links above to speak to a atty you may also want to learn if that might make a difference.

 

[eugeniusii]

When was the land in question titled to you ? ( wondering if that may re set the time clock for any claim the neighbor has? ) when you end up using the links above to speak to a atty you may also want to learn if that might make a difference.

The land was deeded to my grandfather in 1981. We were on the fence on deeding it to me. He is having deeds for me drawn up by an attorney in the next week or so but we were not sure if we should clear up the land dispute before we register the deeds in my name or after. We honestly didn't think this was going to turn into a dispute since her deed shows her owning city lots XYZ and my deed shows me deed shows me owning from marker to marker. Her land is subdivided by lot and mine was broken out and sold as tracts. So she doesn't technically own or pay taxes on several small bordering easements or even an old road that runs right down her property. Mine is divided into tracts with no easements or anything like that. I very clearly own the property which the survey will spell out. I can post maps and deeds if it would help anyone help me but im not sure if I can legally do that. I found all the info online in my counties database.

 

[latigo]

The land was deeded to my grandfather in 1981. We were on the fence on deeding it to me. He is having deeds for me drawn up by an attorney in the next week or so but we were not sure if we should clear up the land dispute before we register the deeds in my name or after. We honestly didn't think this was going to turn into a dispute since her deed shows her owning city lots XYZ and my deed shows me deed shows me owning from marker to marker. Her land is subdivided by lot and mine was broken out and sold as tracts. So she doesn't technically own or pay taxes on several small bordering easements or even an old road that runs right down her property. Mine is divided into tracts with no easements or anything like that. I very clearly own the property which the survey will spell out. I can post maps and deeds if it would help anyone help me but im not sure if I can legally do that. I found all the info online in my counties database.

If you think you are going to avoid the possible adverse consequences of adverse possession and/or boundary by acquiescence on the argument that the neighbor has not been paying taxes on the disputed ground SIMPLY because it is not specifically included in said neighbor's deed description(s) THINK AGAIN!

 

[eugeniusii]

If you think you are going to avoid the possible adverse consequences of adverse possession and/or boundary by acquiescence on the argument that the neighbor has not been paying taxes on the disputed ground SIMPLY because it is not specifically included in said neighbor's deed description(s) THINK AGAIN!

Yeah I am learning that. If neither of us can establish when the property came under fence (or the fence was opened in one case) what are the odds of me coming out on top? My grandfather was unaware of most of this because he has several large parcels of land and has mobility issues. He has over 1500 acres spread out all over Texas. Can anyone point me to the laws and statues in Texas that govern this? Its going to be a sad day if you can take an old mans land by virtue of taking down a fence lol.

BTW thanks to all the comments posted so far and thanks in advance to any future aid!

EDIT: I found this info while searching for the law.

Does the info below help me in any way since my grandfather has been disabled for the last 10 or 15 years?

The 10-year provision is the catch all. A deed or other memorandum of title is not necessary so long as the elements of adverse possession are met. However, such documentation may be useful to establish the boundaries of the claimed tract; otherwise the key to determining boundaries may be that which is fenced in as a "designed enclosure"–not just a "casual fence." Rhodes v. Cahill, 802 S.W.2d 643, 646 (Tex. 1990).

Two other sections, section 16.027 and section 16.028, are less commonly applied. The first provides a 25-year limitation "regardless of whether the person is or has been under a legal disability." The second allows a 25-year limitation based on a title instrument, even if that instrument is void on its face or in fact.

Statutes of limitation do not include any periods of disability (minority, insanity, or service in the armed forces) on the part of the original owner.