How do I fight an HOA encroachment on my land?

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How do I fight an HOA encroachment on my land?

Our HOA is ran by the developer who has 4 votes for every lot the he still owns (115 votes) which over rules any matter that he doesn’t agree with. He and his family hold all officer potions on the board. Now I have to replace my burnt down fence After reviewing our survey from the mortgage company, our old fence was about 25′ inside our property line. The community pool has an aerobic septic system (that hasnt been working for over 4 years) on that land. I know this is going to be a battle. What do I need to do to avoid him claiming adverse possession and regain my land?

Asked on April 5, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to seek help from an attorney in your area on the mater.  You sis not give any information as to how long the fence was there but if you bring an action to "quiet title" he may come back with a claim for adverse possession.  But there are certain key factors in adverse possession that may not be present.  Get help.  Good luck. 


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