To prevail under the ten-year statute of limitation an adverse possessor must prove by a preponderance of the evidence the possession of the disputed property by the person, or by the person's predecessors in interest as provided by tacking rules, was (1) actual and visible; (2) adverse and hostile to the claim of ...
A boundary line agreement is a legally binding document that sets clear boundaries between neighboring properties, providing certainty and preventing conflicts.
Under such an agreement, the parties acknowledge the true boundary line between the properties, and the encroaching owner releases any claim to the strip of land encroached upon. In return, the “encroached upon” owner allows the encroachment to continue for so long as he/she is not adversely affected.
An encroachment must remain in place when its removal will seriously harm the defendant's land. (Here, the removal would harm structural foundations.) The plaintiff's sole remedy in such instances is to sue for damages.
Texas: In Texas, the fence laws are almost the same. If a fence is built with the agreement of both property owners, it's considered a boundary or line fence, and both owners are responsible for it. However, if you have an agreement that says otherwise, you need to adhere to what is mentioned in the agreement.
The implications of land encroachment can be severe, leading to disputes, legal battles, and loss of property rights.
In Texas, property laws robustly protect landowners' rights against encroachments. Prompt action is critical as there may be statutes of limitations for certain legal remedies. Rural property owners should familiarize themselves with legal requirements and procedural steps, which can vary between counties.
The Boundary Line Agreement (BL AGR) provides a procedure for County review whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks or is in dispute. RCW 58.04.