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Landowner Neighbor threatens Suit

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justsomeguy
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10:33a, 3/15/25
AG
We have owned a bay house in Port Bolivar for 12 years. For as long as we've had it, the neighboring lot next to ours has been vacant. It's changed hands a couple times atleast since we've owned it. The septic was installed apparently sometime around 2009 by original builder or maybe earlier.

We received a letter this week from the landowner's attorney threatening suit stating the owner did a visual inspection and determined that our septic tank and lines are trespass on his property. The letter goes on to basically say we should just buy the owner's lot instead of being sued. Feels like an extortion attempt.

Anyone know what I should do next besides hiring my own attorney? Feels like they have no claim and no damages.
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Doc Hayworth
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10:48a, 3/15/25
Hire a Registered surveyor to locate your corners and the adjoiner lots. Just my opinion from 42 years of surveying, don't go with the lowest bid if you contact multiple firms. Someone who lowballs just to get the work, imo, doesn't know the correct way to establish lot corners or refuses to do what they know it takes to survey lots properly and is willing to risk their license for the work, hoping no one catches them.
Hope you get it resolved. With what you said, that's pretty much the definition of extortion, imo.
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Doc Hayworth
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In reply to justsomeguy • 10:51a, 3/15/25
One last thing, ask that atty when did the land owner earn their RPLS to make their determination of the lot boundary.
I ask this every time a smug atty tries this with me.
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OnlyForNow
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In reply to justsomeguy • 10:55a, 3/15/25
AG
When you say "the septic was installed…" are you talking about your septic or the adjoining lot's septic?

Assuming it's yours, do you have the original survey from
Purchase? And/or an updated one? I think septic lines are shown on surveys sometimes (probably depends on county though).

2nd question is, what type of system do you have? If it's aerobic where are your sprinklers if anaerobic, do you have a drain line ? You should be able to probe that out.
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CanyonAg77
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In reply to justsomeguy • 11:42a, 3/15/25
AG
Quote:
The letter goes on to basically say we should just buy the owner's lot instead of being sued. Feels like an extortion attempt.

offer $3.50
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justsomeguy
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11:48a, 3/15/25
AG
Septic was installed way before we bought. The lot next door has no septic at all. Not sure the type of system but the center cap for the tank is under our wood deck right by our house. No chance it's on their property and no chance they can see septic or any lines.
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KatyAg01
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In reply to CanyonAg77 • 11:55a, 3/15/25
AG
CanyonAg77 said:
Quote:
The letter goes on to basically say we should just buy the owner's lot instead of being sued. Feels like an extortion attempt.

offer $3.50
Of course, you want to make this offer verbally. "Tree fiddy."
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50
up-n-aTm
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11:57a, 3/15/25
AG
Sounds like your crappy neighbor (pun) is trying a money grab. What is he basing his assumption on? A decent neighbor would have knocked on your door first. Sounds like they're trying to unload this lot for top dollar.
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S.A. Aggie
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11:58a, 3/15/25
AG
Sounds fishy to me. A visual inspection? Ask the county to do a visual inspection and get their opinion. If you are forced to get a survey done the pass the bill onto them.
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Doc Hayworth
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In reply to S.A. Aggie • 12:04p, 3/15/25
The County's opinion won't hold water, unless the "inspection" is a legal survey performed by the County Surveyor or an assigned RPLS. Anyone else making a boundary determination, opinion or otherwise is practicing Surveying without a License and won't hold up in court.
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CanyonAg77
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12:05p, 3/15/25
AG
You might need to hire a lawyer, sorry.

I think the first step is to say: "Prove it."

That's where you need a lawyer to say it politely and legally, as opposed to "prove it or go F yourself, anal orifice" which is what I'd be tempted to say.

If you want the lot, you might ask what their price is. Might be cheaper in the long run.

And when everything is settled, regardless of whether you buy it, I'd be tempted to file a complaint against the lawyer for extortion

One more thought, go to the county appraisal district and see if the neighbor is behind on taxes. If they are on a money grab, they may not be paying their bills
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Thisguy1
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12:19p, 3/15/25
I'd be curious if the landowner is the attorney. We've dealt with customers who are attorneys who have threatened to sue us just to get out of a small bill.
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justsomeguy
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12:30p, 3/15/25
AG
The owner isn't the attorney. Our fence line has been the way it has been for over a decade so I'm certain we could likely claim adverse possession but again, the visual inspection part on the letter throws me off. Sounds like some bs to me. Last I checked the lot next to me was sold for $120k years ago. A new septic system wouldn't cost but 10-20% of that cost.
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regularjoe
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12:34p, 3/15/25
AG
Agree with the above recommendations to get your property surveyed if it's never been surveyed. Tell your surveyor that you want your septic tank and lines identified. Another option is to do nothing. A letter from an attorney is just that….a letter. If you get sued, then you can spend some money.
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justsomeguy
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12:38p, 3/15/25
AG
We have the original survey from purchase but it doesn't show septic lines. I know exactly where the septic is. It just isn't close to their property, especially not within visual since it's under the deck right next to the house. I'm sure the county should have the septic plan somewhere that was filed when they originally put it in.
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HumbleAg04
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12:39p, 3/15/25
AG
You can't visual inspection septic lines. Or property boundaries. Everything screams scam.
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SteveBott
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12:54p, 3/15/25
AG
As Said that letter is worth nothing. I have an attorney bud that has sent letters for me free a few times. They are not serious until they file with a court and pay filing fees. If they did them I would hire a septic company, preferably the one who installed it the system, and get it mapped out overlaying your survey.

I'd send a reply letter asking for legal proof of his claim and shut up.
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CanyonAg77
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In reply to regularjoe • 12:56p, 3/15/25
AG
regularjoe said:
Agree with the above recommendations to get your property surveyed if it's never been surveyed. Tell your surveyor that you want your septic tank and lines identified. Another option is to do nothing. A letter from an attorney is just that….a letter. If you get sued, then you can spend some money.

Wouldn't be a terrible idea to have a survey in your pocket for this and the next idiot neighbor.
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Doc Hayworth
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In reply to justsomeguy • 12:57p, 3/15/25
If property corners are recovered by an RPLS and they don't match up with the fences, imo, adverse possession will be next to impossible after only 10 years, unless you can prove you have been paying taxes on the area outside your deeded area. This is where a good real estate atty can be helpful.
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CS78
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1:25p, 3/15/25
Dont waste a dime on a new survey or attorney. Just contact them and ask to see their survey that shows the encroachment. If they dont have one, dont waste a minute of thought on it. If they arent happy, ask them to meet you there in person to find the property line. Find the corners and pull a string. If that doesnt resolve it, hire a surveyor to meet you both there in person to determine property line in relation to septic. Make these attempts at resolution via email so you have a paper trail. Then MAYBE hire an attorney if things still arent resolved. There's lots of times in real estate that I happily spend money on an attorney but you arent there yet.
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Doc Hayworth
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In reply to CS78 • 1:38p, 3/15/25
CS78 said:
If they arent happy, ask them to meet you there in person to find the property line. Find the corners and pull a string.


This is not good advice. Neither you or the other owner are qualified to determine what is or is not the correct boundary corners.
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Be Yonder
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2:06p, 3/15/25
AG
Write "See you in court" in crayon on construction paper, maybe add some rainbow stickers or glue macaroni on it and return to said lawyer and you'll never hear another word.
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O.G.
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2:47p, 3/15/25
In.

This sounds like a first time property owner, probably from California, that doesn't know half of what he thinks he does...If this is even real and not a scam from someone.

Paying for a survey might be worth the money & effort in the long run but new property owner has zero leg to stand on from a "visual inspection".

I'd be willing to bet though that telling the attorney to go pound sand would probably do the trick, as has been stated above.

otherwise:

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UnderoosAg
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2:59p, 3/15/25
UnderoosAg
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3:14p, 3/15/25
AG
Play this real loud.



And if you respond, it ends with "I'm unable to find your info listed on TBPELS as an RPLS. You determination of encroachment leads me to believe you are in violation of Board rules. "
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JFABNRGR
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4:24p, 3/15/25
AG
Well you probably own that land anyway for all the years you maintained the grass, weeds, & litter.
“You can resolve to live your life with integrity. Let your credo be this: Let the lie come into the world, let it even triumph. But not through me.”
- Alexander Solzhenitsyn
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rme
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In reply to regularjoe • 4:42p, 3/15/25
AG
regularjoe said:
Agree with the above recommendations to get your property surveyed if it's never been surveyed. Tell your surveyor that you want your septic tank and lines identified. Another option is to do nothing. A letter from an attorney is just that….a letter. If you get sued, then you can spend some money.


I agree with the do nothing approach in this one.
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Rexter
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5:02p, 3/15/25
So...straighten something out. They said the tank and lines are on their property. You say the tank is under your deck. If you don't have a pump for the aerobic system, do you know where your drain field is?
Is it possibly that there is a tank and drain field in the other lot, close to the property line?
If I didn't know where my drain field is, I'd get that figured out first, and then tell the atty to prove what his letter states. If they push the issue with legal action, then countersue for fees.
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Jason_Roofer
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In reply to justsomeguy • 5:17p, 3/15/25
justsomeguy said:
We have owned a bay house in Port Bolivar for 12 years. For as long as we've had it, the neighboring lot next to ours has been vacant. It's changed hands a couple times atleast since we've owned it. The septic was installed apparently sometime around 2009 by original builder or maybe earlier.

We received a letter this week from the landowner's attorney threatening suit stating the owner did a visual inspection and determined that our septic tank and lines are trespass on his property. The letter goes on to basically say we should just buy the owner's lot instead of being sued. Feels like an extortion attempt.

Anyone know what I should do next besides hiring my own attorney? Feels like they have no claim and no damages.


Based on face value, I would LOVE to have that opportunity to negotiate hard for a cheap lot. This has a feeling of inexperience and some other underlying motive that seems like it would have a lot of negotiation value to me. Write them back. Get more info. Search the owner and see what other properties they own if any and the status of them.
Houston-BCS-Austin-Dallas-San Antonio - Infinity Roofing - https://linqapp.com/jason_duke --- JasonDuke@InfinityRoofer.com --- https://infinityrooferjason.blogspot.com/
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Tecolote
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In reply to justsomeguy • 6:33p, 3/15/25
AG
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Apache
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6:38p, 3/15/25
AG
The OB has a three step process for just this sort of situation:

Point cameras into their property.
Tear down the fence.
Commence firing of propane cannon.
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CanyonAg77
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In reply to Rexter • 7:03p, 3/15/25
AG
Quote:
do you know where your drain field is?

As the great Erma Bombeck used to say


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Texarkanaag69
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7:23p, 3/15/25
AG
Just, did y'all have it surveyed when you bought it? Maybe I missed it.
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BoerneGator
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7:37p, 3/15/25
AG
In. My $$ is on the OP.
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SteveBott
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In reply to Texarkanaag69 • 7:54p, 3/15/25
AG
OP said he did. In Texas you almost always have to have a survey to buy property. I'm sure a title guy could find an exception but residential it's 100% in my experience.
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