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Posts tagged "real property"

Can I adversely possess property with a fence?

In a recent case, a plaintiff attempted to rely on her maintenance of a fence that was in place when the parties took ownership of the property as evidence of her open and hostile adverse possession of the property. Texas courts have repeatedly found that maintenance of a casual fence does not create a designed enclosure, nor does it begin the running of the statute of limitations for adverse possession against cotenants. "Under the applicable case law, there are two kinds of fences: "casual fences" and fences that "designedly enclose" an area. If the fence existed before the claimant took possession of the land and the claimant fails to demonstrate the purpose for which it was erected, then the fence is a "casual fence." Repairing or maintaining a casual fence, even for the express purpose of keeping the claimant's animals within the enclosed area, generally does not change a casual fence into a designed enclosure. A claimant may so change the character of a casual fence that it becomes a designed enclosure, and evidence of such a substantial modification is sufficient to support a jury finding of adverse possession. However, we have neither been cited to nor found a case that establishes whether or when modification requires a finding of adverse possession as a matter of law." Rhodes v. Cahill, 802 S.W.2d 643, 646 (Tex.1990) (quoting Orsborn v. Deep Rock Oil Corp., 153 Tex. 281, 288-89, 267 S.W.2d 781, 786 (1954)).

What to do when someone files an invalid contractor's lien on Texas property.

What do you do when someone or some company places an invalid or unenforceable lien on your Texas property? This is a situation where a person is not entitled to maintain a lien on the Property. This is a situation where the Texas property owner did not engage the person or company to make repairs or improvements to the property. This is the type of case where there was never an agreement between the parties that the landowner would reimburse the person for repairs or improvements made. Just because a person suffers a personal injury on someone else's land, that does not give them the right to file a lien. Just because a tenant believes that the landowner breached a residential sales contract, does not give the tenant the right to file a lien.  

Texas rancher tries to save illegal immigrants with water stations.

In an area near Falfurrias, Texas in Brooks County, a rancher tries to help save lives on the real property. He hopes that his efforts will help save illegal immigrants who get lost in the brush. The rancher, Lavoyger Durham, said he is tired of the loss of life on his ranch. He knows that countless illegal immigrants travel through the ranch on foot. They do so in the Texas hot weather.

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