Fence Line Agreements
This evaluation list is available to inform you of this documentation document and to assist you in your preparation. Border problems are always sensitive. A great lawyer on earth once told me, “Nothing makes people excited, doesn`t argue like the border and will argue.” So, a word to the wise: if you want to build a fence, be careful to get a consensus and continue to protect yourself by doing so in advance. Make sure you get all the payments in advance, so you don`t get to the end of your neighbor or he/they do the same with you. Parties to a real estate transaction are often surprised to discover, through a survey or title commitment, that a fence or other structure actually exceeds a land limit, thus creating the potential of a property issue. I. The parties agree to establish a fence (“fence”) along the boundary between The Property of the First Part and the Property of the Second Party. The parties will do their best to ensure that the construction of the fence begins on or before . . . Accord. A demarcation line can be established for a sufficiently long period of time by the recognition and tolerance of all interested parties.
This period is not precise, but beyond the statute of limitations for the acquisition of property by possession of harmful property, usually ten years. Yates v. Hogstrom, 444 S.W.2d 851 (Tex. Civ. App. – Houston [14th Dist.] 1969, no writ. To create a limit through tolerance, one must invalidate uncertainty, doubt or quarrels over the location of the border, not by the general aid regulation found in TEX. Prop. CODE ANN. Since Barney has only owned the adjacent land for a year, Barney will not meet the statute of limitations to tolerate the property. As a general rule, the statute of limitations requires 10 years or more of unlawful detention. In most cases, both parties will not object to the signing of the demarcation line agreement, as neither party probably acknowledges the error and neither party wants to bear the effort, burden and cost of such a request.
“Any claim, right or allegation of ownership of the adjacent owner in and near this land between the boundary of the land and the fence, as stated in the investigation of 06.02.2017…” Oral agreement. Texas law states that if there is uncertainty, doubt or dispute over the location of a border, it can be set by a verbal agreement that is mutually binding on adjacent landowners, even if they were wrong about the actual situation of the line. The existence of uncertainties, doubts or disputes is essential to the validity of the agreement. Gulf Oil Corp. vs. Marathon Oil Co., 152 S.W. 2d to 714. See also McAllister v. Samuels, 857 S.W.2d 768 (Tex). App. – Houston [14th Dist.] 1993, no writ) and Thompson v.
Jamison, 699 S.W.2d 687 (Tex). App. – Texarkana in 1985, no writ. Ted and Barney never accepted a line of demarcation orally, and an updated measure eventually prevailed, showing that the dividing line is not the barrier. The height, location, appearance and materials used for the fence are often regulated by local fencing regulations; while some landlord associations may place additional restrictions on fences.