“Any claim, right or claim of ownership by the adjacent landowner in and around this land between the land boundary and the fence, as is apparent from the investigation of 6.02.2017…” Texans are famous for their intensity in property rights, especially real estate rights. Some Texans might even say that a person`s right to own and control land is that person`s most important legal right as a U.S. citizen. Whether that`s true or not, that`s a question I`m going to leave with you, but I think the extent of Texans` concern about property rights is reflected in the vast jurisprudence that has developed around real estate boundary issues in Texas. Below is a factual situation in which certain real estate issues, laws and resolutions are discussed. Especially in older subdivisions, it is not uncommon for fence lines and sometimes even parts of improvements, such as entrances and garages, to have been placed or built over a boundary between two lots. Many people fear that such an intervention, if left unchecked, could lead to an “adverse property right” in which the intervening owner could claim ownership of part of his neighbour`s land. Alternatively, a major intervention could have negative effects on an owner`s ability to sell his property if it is the subject of an intervention by a neighbour. These problems are often resolved by mutual agreement with a boundary line agreement. Under such an agreement, the parties recognize the true boundary between the land and the intervening owner releases any rights to the attacked strip of land. In return, the owner “aggression” allows the intervention to last as long as it is not affected.
As soon as a problem occurs (for example. B the opposition of a potential buyer to the border agreement), the intervening owner agrees to withdraw the intervention at his own expense. Texas` laws on real estate rights, border disputes, and intervention are unique, but they shouldn`t be that different from other state laws. This article presented the most common ways to resolve a border dispute and advance a transaction, but the best way to achieve such a solution is for neighboring owners to sign a written agreement between them, which identifies (i) the border they wish to establish and the abuses they wish to contain; and (ii) is ongoing with the country and binds all future owners, successors and heirs to the corresponding treaties. . . .