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Homeowner loses court battle over property line

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HOUSTON (FOX 26) -

In December 2011, we told you about Danny Brown and lot #12.  In 2007, Danny Brown bought this home in Independence Heights as well as lot #12, the land next to it.

Brown could easily prove he owned lot #12 but where the lot begins and ends became a source of contention.

For the last six months Brown has been battling Mecca homes, the company that built the house next door.  Brown's contention never wavered.  He was confident that half the house next door was actually sitting on his property.

But recently a judge ruled against Danny Brown and in favor of Mecca Homes.

"He's a homeowner, a property owner and in his mind he owned what he thought he owned and we knew right then he was probably given some information that was not accurate," said Melvin Collins-Byrd, owner of Mecca Homes.      

Collins-Byrd has no ill will towards Danny Brown and understands the confusion.  The homebuilder said other homeowners in older neighborhoods like Independence Heights have been told for years where their property lines are, but an actual survey might show otherwise.

"They think that's the boundary line and in some cases those things they see as boundary lines could be drawn on simply a fence and that's not actually the boundary line," Collins-Byrd said.

The legal battle and recent loss has taken a toll on Danny and family members like his sister Bertha.

"It's affected us physically, mentally, spiritually and emotionally," said Bertha Brown.  "We might have lost but I guarantee you we're going to come back winning because I was able to retrieve a lot of documents to help support our statement on lot #12."

While the Brown family considers their next legal move, Collins-Byrd offers this advice to anyone buying or selling property.

"If I was that person that was getting ready to make a purchase, I would work with someone who's a professional in the industry, that means working with either a realtor or broker," Collins-Byrd said.

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