Court of Appeals Victory

Congratulations to Marc Richman for his recent victory in the Dallas Court of Appeals, reversing the trial court’s award of a homeowner’s property to his neighbor by adverse possession.  The neighbor built a fence squarely on the homeowner’s property up against the homeowner’s fence.  After almost 10 years of efforts by the homeowner to get his neighbor to remove it, the homeowner filed suit to avoid the 10-year adverse possession statute of limitations.  Following a bench trial, the trial court awarded the homeowner’s property to the neighbor.  The Dallas Court of Appeals reversed and rendered judgment in favor of the homeowner, and also remanded the homeowner’s request for his attorney’s fees to the trial court for its consideration.  The case is Blaylock v. Holland,  396 S.W.3d 720 (Tex. App. — Dallas, March 06, 2013), and can be found at:  http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=1933528e-67ec-4aff-8aeb-d1578723ebae&coa=coa05&DT=Opinion&MediaID=8b660a7b-bb03-465f-8485-1cd8a303abd9