A reader asks if removing a fence will affect his property line.

Q: When my house was built in 2007, a chain-link fence was on the property line of the neighbors behind me. My builder added a wood fence on my side of the chain-link fence. Later, another wood fence was added on the other side of the chain-link fence. If I remove my wood fence and the chain-link fence, thus saving the expense of a new fence and giving me a foot or two of more space, will this change the property line? Consulting a lawyer or getting a new survey would be too expensive. There is no zoning or homeowners association where I live.

A: You can remove your wood fence for sure. You can also remove the chain-link fence if it's on your property.

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If you remove either fence, or both fences, your neighbor may never know, and even if they did find out, they might not care. They likely already don't consider anything on the other side of their fence to be their property anyway.

If you hire a legitimate fence company, they can probably look at your survey to figure out exactly where the property line is to determine whether the three fences were placed properly and which of them are on your property.

The property line will not change simply by removing a fence. The property line is where it is, and having a fence over the line or short of the line may only cause issues when you sell the home.

Q: I have undeveloped property in Texas that my grandmother gave to me when she died. The property has been in the family for over 100 years. If I sell it, will I be subject to any taxes?

A: As a general rule, you will owe federal capital gains taxes to the extent the sales price exceeds your cost basis.

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Since your grandmother gave you the land at her death, your cost basis was initially equal to the fair market value of the land on the date of her death. Your cost basis might have increased if you made improvements to the property, or it might have decreased if you took depreciation.

You should seek the advice of an accountant when preparing your tax return that covers the year you sell the property.

Q: I am 91 years old and a retired homeowner with no mortgage. I am thinking about getting a reverse mortgage or selling my home without a Realtor to an investor who buys homes "as is." Should I use a lawyer to review these types of transactions?

A: If you decide to get a reverse mortgage, you do not need a lawyer. But if you sell to an investor, you should hire a real estate lawyer to confirm that the paperwork you are signing has been prepared properly and is legally sufficient.

The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com.

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