Texas Court Case on Disputed Property Line Fence

[two_bit_score]

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I have to admit that property boundary disputes are some of the most interesting on TBN. They are also some of the saddest.

Posting this article from Texas AG Life in case it might help someone avoid a property line dispute.

Court Addresses Property Line Dispute Involving Fence and 1-Year Old Agreement - Texas Agriculture Law

A couple excerpts but please read the article for the full story:

You're almost always better off to settle a fence law dispute over a cup of coffee than in the court house. Litigation is time consuming and expensive for all involved. In this case, for example, Hughes request for attorney's fees was in the amount of $440,000.

First, note that just because a fence exists for a substantial period of time, such as 100 years or more that does not necessarily change the boundary line for the property. This is a common misconception about Texas law. While there may be circumstances that will allow for a change in boundary line due to a fence, such as when a party can prove all of the elements of adverse possession, this is not automatic or common.

Second, although not expressly addressed, this is a good time to recall that proving adverse possession is extremely difficult. This is particularly true when an agricultural use like grazing is the use that the would-be adverse possessor intends to rely on.


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[rademamj1]

It was a very interesting read. And just like other states, many surveys in Texas are based on old trees, rock mounds, creek beds and many other moveable survey points. I am even aware of a case, where a cow leg bone was used as a property corner stake.

In this particular case, everything about the dispute was made alot easier, as the section lines and property title deeds were linked. The field fence used as the property boundary for 90 years, was misplaced due to topography. So regardless of the position of the field fence and long term usage, the court choose to move the fence line...to the section line. And it was a correct decesion. And they will honor the wording in the legal title description 100% of the time. Looks like Eggemeyers never surveyed his property boundaries or he would have been fully aware he was "stealing" property from his neighbors named Hughs. Eggemeyers must be an ornery old cuss, to think he would win.

Today, all the Texas survey boundaries, including all section boundaries, have been converted to Lat/Long coordinates, with accuracy of 5 inches or less. So in the long term, rock mounds and creek bed surveys have been replaced by digital GPS surveys.

 

[Jstpssng]

It was indeed interesting. It isn't just in Texas that people believe fences become boundaries over times. I've read that same claim many times on these pages over the years... it seems to come up every time somebody posts about where to put a boundary fence. Possibly the best (?) corner monument I've ever read in a deed stated "thence to the place where the old cow lies down in the afternoon". That deed was written in the 19th century... interpreting it is when the science of surveying becomes an art.

 

[dodge man]

I agree, good one and I like the results. It looks like there was an agreement over a 100 years ago and there is no reason that shouldn’t still apply.

 

[oosik]

We came onto the property in 1982. I rebuilt the barbed wire fence line based upon the remaining portion of the old fence and existing corners. It was surveyed by the government in 1892 with a meet/bounds description. The bark on three large pines was removed and specific survey notations were scribed into the trunk itself. All three still remain intact. This was to transfer the land to the original homesteader. In subsequent years three of the four corners of the 80 acres have been surveyed as adjoining lands have be sold off or traded. Three of the four corners were right on - +/- 4". I was really surprised to see this accuracy. The fourth corner is out in the middle of a big lake and nobody gives a toot about its exact location.

The tracts adjoining my meager 80 acres are all 600 acres or larger and are all open range land.

 

[rademamj1]

Oosik: Survey accuracy can be incredible. About 150 years ago, and long before satellite GPS was even considered possible, The USGS painstakingly surveyed in the major Longitude and Latitude intersection points for the known United States at that time. Each intersection is called a "confluence point" and their are hundreds of such confluence points in the USA. So transects from multi survey teams all posted their confluence points, and the USGS took a spatial average of their points and made a final confluence point marker in stone and buried it in the ground. Fast forward 150 years, and GPS can now quickly located such confluence points. They found in many cases, the original confluence point markers buried 150 years ago were only showing a 2 - 3 foot error, compared to GPS.

 

[oosik]

What was most amazing was the survey notations cut into the pine trees. A local surveyor had located two of them and came to my house to take me out and show me. The marks meant nothing to me - he read them like a long lost love letter.

 

[dmccarty]

TBN has had its share of nasty property line disputes...

MDBarbs was epic, depressing but educational, though very expensive for him, Help! I need legal advice re: easements. It went on for five years or so.

Later,
Dan

 

[K5lwq]

I have fence encroachments on two corners of my land of a foot or more. It has not bothered me In the least. Life is too short to worry over something like that.

 

[two_bit_score]

I have fence encroachments on two corners of my land of a foot or more. It has not bothered me In the least. Life is too short to worry over something like that.

Depends on how much land is involved. I could agree with you if its truly de minimis. But 90 acres might be different. Although as this case showed that was an expensive 90 acres.

Grand Pa always said "a hard head makes for a sore azz." In this case a sore pocketbook too.