Posted by js305 on March 23, 2014 at 10:06:59 from (184.79.57.233):
In Reply to: property lines posted by farmerwithmutt on March 22, 2014 at 16:17:28:
I had something like this happen to me a few years ago. My dad and I bought ten acres on a dirt road east of Lubbock, Texas. This was part of a large farm that was being sold off. The side facing the road had a 20 foot easement, for the road, and a 15 foot easement on the opposite (back) side of the property. The road was already there so we knew we could only use up to the 20 foot mark. The back side was open fields, so what we did was move back 15 feet and put corner posts up, thinking that eventually there would be a road or turnrow or something there for access. Didn't want to have to move a fence later on, if you understand what we were thinking. Time passed, and the property behind us sold, again in ten acre tracts. Our new neighbor took the corner posts as the property line and fenced the rest, including both his and our 15 foot easements. I approached him about it as he was building the fence. It was a simple straight line wire fence to hold cattle. He got belligerent about it and ordered me off of "his" property. I called the sheriff and was advised to get it surveyed...again. We had the original papers from the sale of the property to us. I did as advised and it was found as expected. The non usage of the land was brought up, but since it stated in the surveys and deeds that the easement could be used at any time, we won out. I had to remove his fence, he wouldn't do it, even with the threat of legal action. I did it neat, rolled up all of his wire and stacked his posts on his land. I have since stretched a single wire down the property line, including my part of the easement. The neighbor is still there, but we don't talk much.
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