Legal Question in Civil Litigation in Texas

Change a Judgement?

I have a three year old Judgement against land owners to erect gates, fences or any other obstruction across my 60'w X 1200'L easement. Actually the Judgement restricts them from doing anything but pay the taxes on my driveway, and using it also.

They have expressed a desire to put ''cattle'' on the property and erect a gate on the easement causing me and my invitees to go through two gates to enter or exit my property. This property 'is' within a subdivision and is rural residential.

Can this seasoned Judgement be overturned or modified just because the 75 YO owners wants to harass me with this excuse of putting a cow on his 8 acres? They have no other cause to request modification of the Judgement.

They are also putting in a new road to their house with an electric gate so they will not have to open and close a gate at the street.

Under what circumstances can a Judgement be challanged after three years?

Thanks,

David


Asked on 7/19/04, 10:03 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Change a Judgement?

It sounds as if the judgment is actually an injunction ordering the landowner not to do something. An injunction may be modified if the party can show a material change in circumstances such that the injunction is no longer proper.

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Answered on 7/19/04, 10:51 am


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