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Landowner Neighbor threatens Suit

9,314 Views | 79 Replies | Last: 38 min ago by flyrancher
Mas89
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In reply to Doc Hayworth • 8:01p, 3/15/25
AG
Doc Hayworth said:
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.
Guessing op knows where his corners are. I would certainly also recommend meeting the neighbor there to see what he's talking about. He may have an old tank and lines on his property he thinks could be op's. Who knows until you meet him there.

I know where my corners are and all of the old section corners in our area which are often the starting point for surveys. Not uncommon to have to show survey crews in the area what they are looking for. Especially the corners under county roads. More than one RPLS has been off due to not finding the correct start and trying to " build it in ".
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justsomeguy
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In reply to Texarkanaag69 • 8:03p, 3/15/25
AG
It had a recent survey within the last few years from the sale which was 2013/2014 but I'll find out the survey date. I'm willing to throw a couple grand to an attorney just to squash it.
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justsomeguy
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8:04p, 3/15/25
AG
With that being said…they deserve nothing.
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jagsdad
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In reply to CanyonAg77 • 8:11p, 3/15/25
Actually, she was full of it. The grass is greener over the lines. It tends to be dead over the tank, unless you keep it watered.
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Doc Hayworth
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In reply to JFABNRGR • 8:32p, 3/15/25
Not necessarily true, if record monumentation still exists. Fences have nothing to do with ownership unless it is determined to be so by Judicial Rulings.
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cryption
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8:51p, 3/15/25
Silly question, what if you crazy lowball them on the lot? Maybe you'll get it for cheap and now your property is bigger
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justsomeguy
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9:00p, 3/15/25
AG
I'll definitely offer less than a new septic would run but last I looked they bought the lot for 150k.
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BoerneGator
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In reply to justsomeguy • 9:00p, 3/15/25
AG
You need to be certain that both the septic tank and the drain lines are both located entirely on your property. Once you know that with certainty, and can prove it with proper documentation, you should feel free to ignore this matter as a mere nuisance.

Knowing one's property corners, and thus the corresponding property lines is invaluable. Good luck!
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Courtesy Flush
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9:49p, 3/15/25
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Is there a law in the county (or maybe a state law) that says a septic system has to be so far away from the property boundary?
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cslifer
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In reply to Courtesy Flush • 10:47p, 3/15/25
Almost all of Bolivar was platted prior to the lot size/distance regulations went into effect in the 80s, so down there it is kind of the Wild West when it comes to septic systems.
Personally I would call SeaCoast surveyors in Crystal beach. They did a lot for me down there last year and the price was very reasonable and they were very quick. Even if you don't end up needing it for this issue it never hurts to have it filed away.
There is a chance, especially down there, that the neighbor did find an old tank/lines from a house that got blown away in the hurricane and is confused about its origin. Neighbor does sound like an ahole though…
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normaleagle05
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In reply to justsomeguy • 11:11p, 3/15/25
AG
justsomeguy said:
I'll definitely offer less than a new septic would run but last I looked they bought the lot for 150k.

Don't offer anything but your attorney's contact info. At >15 years from construction this seems like an attempt to get you to acknowledge that your sewer is on their lot to establish a fact pattern intended to head off and adverse possession claim.

Could leave you without a sewer system.
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fburgtx
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11:16p, 3/15/25
Tell 'em they're free to do a survey (at their expense), or provide supporting documents, to prove it. I wouldn't be jumping to spend MY money, to prove MY septic, is on MY land.

They're the ones making the allegations. Let them do the legwork. You can always get your OWN survey, later.
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normaleagle05
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In reply to fburgtx • 11:29p, 3/15/25
AG
I've been asked to locate MANY septic systems on a survey and refused because I can't identify them from the surface. No one has ever wanted to pay for the extra costs to sonde the drain field lines. EVER.
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normaleagle05
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In reply to cslifer • 11:33p, 3/15/25
AG
cslifer said:
Personally I would call SeaCoast surveyors in Crystal beach.

In our limited dealings, I've always found Mike Hoover to be a quality individual and a good surveyor.
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Red Pear Realty
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7:10a, 3/16/25
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Any time someone threatens me with a lawsuit, that's the end of my dialogue with them, and my response is to give them my attorney's contact info and let them know to communicate with my attorney going forward. This puts a stop to about 90% of the idiots out there.

On a completely unrelated note, have y'all ever heard of Adverse Possession laws in Texas? I'm not an attorney but you should definitely read up on this topic if you ever feel so inclined.


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justsomeguy
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8:15a, 3/16/25
AG
One rather important piece of information is that the attorney's email address is a yahoo email. I mean I know it's a local attorney down there but still…
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justsomeguy
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In reply to Red Pear Realty • 8:17a, 3/16/25
AG
Red Pear Realty said:
Any time someone threatens me with a lawsuit, that's the end of my dialogue with them, and my response is to give them my attorney's contact info and let them know to communicate with my attorney going forward. This puts a stop to about 90% of the idiots out there.

On a completely unrelated note, have y'all ever heard of Adverse Possession laws in Texas? I'm not an attorney but you should definitely read up on this topic if you ever feel so inclined.





The letter actually addresses this directly. They're trying to say that we can't claim adverse possession because it's underground. They of course didn't mention that we need to move our deck and fence line off their property because if they said those, then we would absolutely have a case for that.
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hellapark
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8:47a, 3/16/25
AG
Adverse possession is a topic that gets lots of folks fired up but is far more difficult to accomplish and rare than casual definitions would imply.

I'm a surveyor, not an attorney but it sounds like OP is far from meeting any of the requirements needed for the 3, 5, or 10 year statute of limitations.

If OP indicates to the adjoining owner that he doesn't believe any of his improvements have encroached, I would think the open and notorious requirements for the statues would be nullified.
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Doc Hayworth
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In reply to hellapark • 9:09a, 3/16/25
hellapark said:
Adverse possession is a topic that gets lots of folks fired up but is far more difficult to accomplish and rare than casual definitions would imply.

I'm a surveyor, not an attorney but it sounds like OP is far from meeting any of the requirements needed for the 3, 5, or 10 year statute of limitations.

If OP indicates to the adjoining owner that he doesn't believe any of his improvements have encroached, I would think the open and notorious requirements for the statues would be nullified.


I've been registered for 37 years and an LSLS for over 24 years and agree with your comment. A quick and simple definition by Google can be misleading and put someone in a position they won't like.

One thing that Google definition doesn't address is the requirement for the adverse position to be hostile and open and notorious. Underground septic laterals don't meet either of those requirements, if they actually encroach onto the adjoining property.
Not sure, but I believe septic drain fields are required to be no closer than either 15 or 25 feet to property lines. Just something else to ponder.
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CS78
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In reply to Doc Hayworth • 9:24a, 3/16/25
Doc Hayworth said:
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.

Its just an attempt to resolve things. Then you spend the money if things push further. Which they most likely wont.
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Red Pear Realty
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In reply to Doc Hayworth • 10:44a, 3/16/25
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AG
Quote:
One thing that Google definition doesn't address is the requirement for the adverse position to be hostile and open and notorious.


I mean, it's at the bottom of the screenshot I posted.

I know at least two of my clients who have picked up considerable acreage based on the concept. It's definitely not one size fits all, and some counties (Harris) won't record the affidavits. But if someone decided they were going to be an ass and send me a letter like this, I'd definitely bring this concept to their attention and give them something to spin their wheels on.
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Sooper Jeenyus
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In reply to Courtesy Flush • 10:58a, 3/16/25
AG
Courtesy Flush said:
Is there a law in the county (or maybe a state law) that says a septic system has to be so far away from the property boundary?
You don't know?!?

Username does NOT check out.
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Doc Hayworth
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In reply to Red Pear Realty • 2:03p, 3/16/25
Red Pear Realty said:
Quote:
One thing that Google definition doesn't address is the requirement for the adverse position to be hostile and open and notorious.


I mean, it's at the bottom of the screenshot I posted.

I know at least two of my clients who have picked up considerable acreage based on the concept. It's definitely not one size fits all, and some counties (Harris) won't record the affidavits. But if someone decided they were going to be an ass and send me a letter like this, I'd definitely bring this concept to their attention and give them something to spin their wheels on.


In your client's cases, I would bet the record monuments were not found or had been destroyed. It's very hard to be awarded adverse possession when record monuments are recovered.
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Stat Monitor Repairman
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In reply to hellapark • 2:08p, 3/16/25
hellapark said:
Adverse possession is a topic that gets lots of folks fired up but is far more difficult to accomplish and rare than casual definitions would imply.

I'm a surveyor, not an attorney but it sounds like OP is far from meeting any of the requirements needed for the 3, 5, or 10 year statute of limitations.

If OP indicates to the adjoining owner that he doesn't believe any of his improvements have encroached, I would think the open and notorious requirements for the statues would be nullified.
True, it's a non-starter here because possession must be visible and obvious.
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Red Pear Realty
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In reply to Doc Hayworth • 2:48p, 3/16/25
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Even if that's right, the point of the threat is to give the letter writer something else to do instead of bothering you.
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justsomeguy
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3:39p, 3/16/25
AG
I've got my survey from 2011. Our fence line is clear and obvious and if the septic is within those bounds, I don't see an issue. The previous owner did some work on their bulkhead along the water canal where the boat docks are and low and behold, they maintained right up until the same line of our dock/fence.
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Deats99
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In reply to justsomeguy • 4:50p, 3/16/25
AG
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.

This is not my professional opinion or legal advice, but I love to kick ant hills. Reply to his lawyer (in Spanish) that you believe you are in the right, don't state exactly why but quote and reference any case law you can find in google concerning settlers rights.
It will waste his time, hard money for a translator, and many billable hours just because you responded with some non-sense.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
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Ragoo
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In reply to Apache • 5:33p, 3/16/25
AG
Apache said:
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.
you forgot flood light
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Red Pear Realty
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In reply to Deats99 • 5:55p, 3/16/25
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See, that's the spirit.
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2040huck
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7:53p, 3/16/25
I am an attorney in Jefferson County and I'll provide my free legal advice. I would absolutely respond and invite the attorney and his client to meet at the property and have them show you their concerns, A nice letter might go a long ways, and at the very least, you get free discovery You will learn more about the complaint and then you can decide if further action is necessary.

Just my 2 cents
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Bronco6Gen
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9:08p, 3/16/25
Any "neighbor" that has an attorney send a letter without knocking on the door first can suck a big fat one. You have absolutely nothing to lose in this situation, let them spend the money getting a survey, etc. the onus is on them, just deny it and let them prove it. The judgement if they are right isn't going to be more than what they want for the lot.
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warrington74
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9:22p, 3/16/25
AG
Judgement through a court would be the same as now

They would make you move it

So no need for an attorney if you have pics and survey saying it's in a proper location.

Let him pay the attorney money.

He's busting trying to get off the mortgage on that property is my guess
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Whaler
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9:36p, 3/16/25
AG
Adverse possession is more complicated than what is stated in this thread. Generally, it's pretty difficult to acquire property through adverse possession.

I would politely ask the attorney if the neighbor has a survey showing your septic lines on the neighbors property… tell him you want to review it. If he doesn't have a survey, ask the attorney what makes the neighbor think your septic lines are on his property. Does he have any pictures or other indications that can be reviewed. I'd wait to hear these answers before hiring either a surveyor or attorney.

Put the answers here, and you're certain to get plenty more advice… most of it bad, but some will be good and you'll know the difference when you read it… lol.

If you need to talk to an attorney, I'd get one that is board certified in real estate and practices is Galveston County…. Don't skimp on the attorney. The attorney can probably recommend some reputable surveyors that do good work and are good at expert testimony.

But get some information from the neighbors attorney before getting worked up or spending money.
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HumpitPuryear
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8:08a, 3/17/25
AG
Here's another idea. Maybe they sent the letter to the wrong neighbor? People these days are often high, distracted by tic tic, trying to do WFH while babysitting or all of the above. They make mistakes. Maybe verify they actually contacted the right party before spending any time or money.
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meggy09
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8:26a, 3/17/25
AG
The wanna be brain trust seems to have this figured out lol.

You should google the attorney and call the office number you find on their website, not the letter. Make sure it's actually from them…….
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