Property fence line

My late father built a cement block fence at his house in Texas.the fence was built one foot inside the next lot. We are now selling the home. The neighbor told us we cannot sell or she will file a suit. I told her since its on her property,the fence is hers or she could knock it down. What exactly can she get from me?

Asked on October 2, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't force her to take or keep or pay cost associated with something you (or your predecessor in interest; i.e. your father) put on her property without her permission. Boundary disputes travel with the property, so even if you are the current owner, you have to deal with the consequences of your father's actions. Those consequences are that you have to remove the fence and restore any landscaping damaged by it or the removal process--again, you can't make her pay for something your father did, in regards to land you apparently now own, without her consent. If you do not voluntarily remove the fence, she could sue you for the cost to remove and would very likely win; she might also be able to get court costs and possibly even legal fees in some cases, so you may wish to do this voluntarily.

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