Sorry to type in English.
IN Texas, where I live, It is very hard for your neighbor to sue you to get that property back in such case.
It is usually for builder or developer to build the fence away from the real board. It is impossible for builder to build the fence exact on board. So when a home owner initially bought the property, the survey should show the board and the fence location, the buyer must accept. Later as long as no one more the fence, no one can sue.
And in Texas, if you have use other peoples property for over a certain year (I forget exact how many years like 3 year) your neighbor can not ask you to stop use it. After 11 years, you may claim that is your property.
As such encroachment is small area, if it was exist when your neighbor bought the property, he/she can not ask you any more.
You should sit down to discuss with an experienced real estate attorney for such issue. Do not panic. Find when the fence was built and who did it. Bring all fact to the attorney.
IN Texas, where I live, It is very hard for your neighbor to sue you to get that property back in such case.
It is usually for builder or developer to build the fence away from the real board. It is impossible for builder to build the fence exact on board. So when a home owner initially bought the property, the survey should show the board and the fence location, the buyer must accept. Later as long as no one more the fence, no one can sue.
And in Texas, if you have use other peoples property for over a certain year (I forget exact how many years like 3 year) your neighbor can not ask you to stop use it. After 11 years, you may claim that is your property.
As such encroachment is small area, if it was exist when your neighbor bought the property, he/she can not ask you any more.
You should sit down to discuss with an experienced real estate attorney for such issue. Do not panic. Find when the fence was built and who did it. Bring all fact to the attorney.
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