What to do about an easementboundary dispute with the county?

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What to do about an easementboundary dispute with the county?

We have been living in our home for 11 years and I have all the surveys from where the county told us we can place our fence. Now the county is trying to tell us that they need us to move our fence 24 feet inward. We have a deck, shed and basketball ball concrete slab. Can this be done? I am a 100% disabled veteran whose is homestead exempt.

Asked on July 8, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first thing to do if you have not already done so is hire a licensed land surveyor to establish the corners of your property and all boundary lines. The surveyor and his report with drawings will show all where the boundaries of the properties in dispute are located. If you already have a survey and report, you do not need to hire a new surveyor if you are actually using your land and not someone else's such as the county's.

After this is obtained, meet with the county official and show him the survey report and placement of all items in an attempt to try and work out the dispute. If you are actually using someone else's property (not the county's) believing that the used land is your own, potentially you might have a claim for an easment to use that land since you have been in your home for eleven years.


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