Property Ownership

A Texas property owner builds a fence 2 feet over their neighbor's property line and maintains it for 12 years. The neighbor then discovers the encroachment. A likely legal outcome is:

AThe neighbor automatically loses all rights to the encroached area
BThe owner may have acquired the encroached strip through adverse possession (10-year statute)✓ Correct
CThe fence must be immediately removed at the owner's expense
DTREC arbitrates boundary disputes

Explanation

Texas has a 10-year adverse possession statute (Texas Civil Practice and Remedies Code § 16.026). If a fence has been maintained open, notoriously, and continuously for 10+ years, the encroaching party may have a claim to the strip through adverse possession.

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