Survey issue - to our detriment

DMS2014

Silver Supporter
LifeTime Supporter
Jun 22, 2014
805
Houston, Texas
So......... apparently when we bought our house in 1998 the fence and the property line didn't match up and no one said anything. It's to our Detriment. It's 15 feet. Now, our neighbors when they bought the house next to us, apparently didn't have a survey done. I Assume it's bc they paid cash? Anyway, both of us bought our houses the way they were. We live in a cul-de-sac.

This impacts our pool dreams tremendously. 15 feet is a lot for our yard. Our yard is way, way smaller than theirs. They built a pool earlier this year. We got their survey and their survey says: "the deed has a save and except clause that described that triangle that follows the fence line as found on the southeast side of the lot. However, it does not identify who owns the save and except tract in current deed. We have shown the S&E tract on the survey and have referenced the deed. the fence on the northwest line is about 13 feet southeast of the northwest corner and the north fence encroached onto the Reserve tract to the north about 1.5 feet. We also found that a front corner of the house is 18.5 feet from the front property line which cross the 20 foot building line by 1.5 feet."

I have no idea what any of that means but for the 15 feet is to our detriment. I looked up what save and except means and it was a bunch of gobblygook.

Neighbors have landscaping and a ton of space and don't need our space. the husband and I don't know what to do and how to solve this problem. Any ideas? Where to start? What to do? I'm depressed at the moment.
 
Professional surveyor to do a correct boundary survey is your best bet. Was there any kind of property description in the documents when you purchased the house?
 
A surveyor could write the legal and a title company could write the deed and file it for you. If it is a subdivided lot you might need to get it replatted to meet city or county regs.
 
Get them to give it to you, or buy it for a small amount of money. If it's been like this since 1998, and you've been maintaining it too without protest from real owners, I believe you can claim ownership somehow, but if you and the neighbors are friendly, just ask them to give it/sell it to you.
 

Enjoying this content?

Support TFP with a donation.

Give Support
Thread Status
Hello , This thread has been inactive for over 60 days. New postings here are unlikely to be seen or responded to by other members. For better visibility, consider Starting A New Thread.