Neighbor claims he has me land locked

12,839 Views | 77 Replies | Last: 8 yr ago by Dad
CaddoAggie96
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10:42p, 11/29/15
AG
The deed is based on a survey from 1995 and 2006.
Yet the private road turned to a county road well before I bought the house and 2 acres.
He claims the county only took 20' from him leaving my property "land locked". Because my deed shows 25' from the adjacent property.
I think this is a simple prior use easement. even if he actually owns the 5 feet he can't block the property owners from full use of the 2 acres. Calling my title co tomorrow.
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redd38
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10:45p, 11/29/15
AG
Ok, cool.
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20
Geralt of Rivia
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10:47p, 11/29/15
S
I am your title company, and I can say without a doubt that your neighbor is right
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Geralt of Rivia
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10:47p, 11/29/15
S
In order to prove me wrong, please PM me your SSN, credit card number, and address
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CaddoAggie96
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10:50p, 11/29/15
AG
Keep em coming!
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Smee
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11:00p, 11/29/15
What county? Got a map? A niece/cousin in school yet? She isn't on the dance team, is she?
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reb,
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11:40p, 11/29/15
AG
okie dokie so I'm a bit confused here so I am probably missing something...but why is this framed as it is, with your neighbor asserting he has you landlocked. That seems kind of aggressive and concerning, like the plan is to physically trap you onto your property by virtue of his new 'land', and starve you to ****ing death over the winter. Wars of attrition are a nasty business but its a tried and true tactic, just takes a while for their supplies to run out.
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27
EVA3
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11:57p, 11/29/15
Gerald Tarrant
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In reply to reb, • 11:59p, 11/29/15
Disagree, he needs to nuke that sumbeech now before things get out of hand
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HBCanine08
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6:28a, 11/30/15
AG
Should've bought whiteacre instead of blackacre
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austinag1997
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6:35a, 11/30/15
AG
If there is a road that you have been using for a number of years, that is considered "open and notorious" use of that access. Regardless of his claimed ownership, you have a case for perfecting your title through adverse possession. I THINK that timeframe for "open and notorious" use is 8-10 consecutive years in Texas.

You should discuss this possibility with a real estate attorney. I would not wait for your neighbor to act.
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5
Claude!
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6:55a, 11/30/15
There's clearly only one way to solve this pickle - challenge him and his crew to a dance off to be held at the Winter Carnival. You'll win, of course, but in the end he'll hand you the trophy and grudgingly respect you.
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B-1 83
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In reply to Claude! • 7:26a, 11/30/15
AG
quote:
There's clearly only one way to solve this pickle - challenge him and his crew to a dance off to be held at the Winter Carnival. You'll win, of course, but in the end he'll hand you the trophy and grudgingly respect you.
Is that the one where they named Kent "King"?
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Tobias Funke
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7:41a, 11/30/15
AG
Were you meaning to email this to your mom, and accidentally posted it on Texags?
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Beer Baron
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In reply to CaddoAggie96 • 7:43a, 11/30/15
AG

quote:
Calling my title co tomorrow.
Do we have an update yet? What did they say? I hardly slept last night from all the suspense!
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19
Tailgate88
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8:20a, 11/30/15
AG
Outdoors
Aggies Only

Two better boards for this post.
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10
Win At Life
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8:39a, 11/30/15
AG
https://assets.recenter.tamu.edu/documents/articles/947.pdf
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80s Guy
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In reply to austinag1997 • 8:43a, 11/30/15
quote:
open and notorious

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swc93
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9:20a, 11/30/15
AG
Do you have a daughter you could marry off to him or his sons in return for huge tracks of land?
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Predmid
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10:02a, 11/30/15
AG
Sounds like your title company done screwed up when you bought the land.
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histag10
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10:12a, 11/30/15
AG
This sounds like a horrible version of Risk, and your neighbor is declaring himself the winner.
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ac04
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11:28a, 11/30/15
worst thread ever
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PatAg
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11:55a, 11/30/15
AG
No matter what, you have to have at least one point of access to your land.
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The Wonderer
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In reply to austinag1997 • 12:12p, 11/30/15
AG
quote:
If there is a road that you have been using for a number of years, that is considered "open and notorious" use of that access. Regardless of his claimed ownership, you have a case for perfecting your title through adverse possession. I THINK that timeframe for "open and notorious" use is 8-10 consecutive years in Texas.

You should discuss this possibility with a real estate attorney. I would not wait for your neighbor to act.
It is 10 years from the date of accrual of the cause of action.
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SeattleAgJr
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12:19p, 11/30/15
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$240 Worth of Pudding
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12:35p, 11/30/15
AG
This has nothing to do with 'adverse possession'. If you've been using the road then the case can be made for a prescriptive easement.

Get a survey of your own done and talk to a lawyer.
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Predmid
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1:19p, 11/30/15
AG
quote:
No matter what, you have to have at least one point of access to your land.

Not true in the slightest. Yes, there are county ordinances that kick in when subdividing pieces of property smaller than a certain size, but for large tracts of land, that is not true. Absolutely inadvisable to actually purchase such a piece of property, but not defined in law as true.


quote:
The deed is based on a survey from 1995 and 2006.
Yet the private road turned to a county road well before I bought the house and 2 acres.
He claims the county only took 20' from him leaving my property "land locked". Because my deed shows 25' from the adjacent property.
I think this is a simple prior use easement. even if he actually owns the 5 feet he can't block the property owners from full use of the 2 acres. Calling my title co tomorrow.

Tell him to take his claim and shove it up his ass. The county road is where the county road is. If it appears to touch your property, it does.
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The Collective
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3:33p, 11/30/15
AG
So, his argument is that about the first 5 feet of what I assume is your driveway/road crosses his property after turning off of the CR? Did you build the house on this property?
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herb11
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In reply to reb, • 8:01p, 11/30/15
AG
quote:
okie dokie so I'm a bit confused here so I am probably missing something...but why is this framed as it is, with your neighbor asserting he has you landlocked. That seems kind of aggressive and concerning, like the plan is to physically trap you onto your property by virtue of his new 'land', and starve you to ****ing death over the winter. Wars of attrition are a nasty business but its a tried and true tactic, just takes a while for their supplies to run out.


Thanks for the laugh!
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Lungblood
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8:05p, 11/30/15
This sounds like a damn fine reason to buy a helicopter.
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CaddoAggie96
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8:38p, 11/30/15
AG
Dumb neighbor may have cost me a buyer by stopping him on the road and telling him there is a bondary conflict. He never filed anything. This could get ugly.
Edit
Bought house in 2007. Boundaries have been the same with same fence line for 20 years.
He claims that county activities magically gave him 5 feet of land between my property and the county road in 2006. But he never filed a dispute. He actually said that was my responsibility.
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GregZeppelin
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8:48p, 11/30/15
AG
Forget the title company and call a lawyer. If your neighbor is right, your lawyer can help you fix the situation. If the neighbor is wrong, the lawyer can put a stop to his shenanigans.
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CaddoAggie96
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8:52p, 11/30/15
AG
Meeting with my attorney and the buyer tomorrow.
Hopefully this will help.
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Al Bula
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8:54p, 11/30/15
AG
What is the neighbor's motivation here? He sounds like a jerkoff. It seems a rational person would have the legal ducks In a row first with back up from title company.
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Lungblood
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8:55p, 11/30/15
Your neighbor sounds like a looney sumbeetch.
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