Nov. 24, 2008
Dear George: A neighbor says his fence is on my property by six inches. The fence was here when we moved in, and he recently replaced it. He doesn't want to move the fence. What can I do?
Answer: When a neighbor puts a fence on your property, it is an encroachment. Legally, you can sue for trespass, tear down the fence, or move the fence to the proper boundary line. All of these remedies are extremely aggravating for both sides. A better option is to confirm the boundary line, acknowledge the location error, draft a boundary line agreement confirming the correct boundary, and agree that when the fence is next replaced, it will go on the correct boundary line.
Dear George: When I purchased my property in 1998, I bought title insurance that showed everything was clear. There were no easements. This year, the director of a rural water supply corporation contacted me and alleged that he was granted an easement on my property before I purchased it. The county clerk's office shows no easements. In August, this guy from the water company filed an easement on my property that is dated in 1995—13 years after the fact. If this is allowed, what good is title insurance for anyone? What can I do?
Answer: Notify the title insurance company and ask them to defend any action taken by the water company. The title company searched the record and found nothing on record. The villain here is the prior owner, who apparently granted an easement and didn't tell anyone.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
