ask george & chuck
July 2, 2007

Fence encroachments, property management companies
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: My neighbor's fence crossed onto my property by eight feet. When I brought this fact to his attention, my neighbor's attorney sent me a two-line fax stating I could remove the fence at my expense, which I did. My neighbor then turned around and sued me for trespass, quiet title, attorney's fees and $10,000 in damages. Can I contact his title company or inform his mortgage company he has issues regarding his property? He had only owned the home for two years when I gave him a copy of the survey and a dated aerial photo showing the fence had not been there for 15 years. I believe the statute is 15 years for adverse possession. I believe his is a frivolous lawsuit and have let our attorney go. Your thoughts?

Answer: A fence encroachment is a trespass, and the other party has no right to claim title to it. There are four adverse possession statutes: three, five, 10, and 25 years. There is no claim after two years. Once the survey is confirmed and it matches the subdivision plat, a lot owner has the right to put a fence on their property line. You can't remove a common fence without immediately replacing it, as your neighbor has the right to use it, too. Sometimes you have to have a policeman "supervise" the fence construction. If you wish to proceed with this litigation, rehire your attorney.

Dear George: I have a question about how to deal with an unscrupulous real estate agent and the unethical business practices of his property-management company. I lease a property with an option to buy. However, when I decided not to use the lender recommended by the agent for my purchase, the agent notified my lender that the property had many problems. In essence, the real estate agent refuses to allow me to purchase the home using a lender other than his. Additionally, the agent and the builder refused to repair the foundation or address the plumbing problems I had. Now, the management company refuses to respond to my attempts to communicate with them regarding my complaints. Is there anything that I can do legally?

Answer: The real estate agent, who is not a REALTOR®, owns the management company you cited in your question. Unfortunately, that management corporation forfeited its right to do business on Feb. 3, 2006. Hire a local attorney who is experienced in litigating this type of case, provided the defendant has any money. Also, file a complaint with the Texas Real Estate Commission since this management company is operating without a real estate license.