Legal Question in Civil Litigation in Texas

Re: Property Lines

First see if there are any restrictive covenants governing where you live. There may be restrictions as to where they may place a driveway. Other than that, they can place their driveway anywhere they like within their property lines.

They don't encroach upon your property unless they go upon your property. They can place the formwork for their driveway right next to your property, but not an inch upon it, since that would be a trespass.

Re: Property Lines

To do:

1. Make certain that you know where your property line is. Have it surveyed if necessary, and make certain that the corners are marked.

2. Check with the city where you live for ordinances regarding the location of improvements on your and your neighbor's property.

3. File a complaint with the city if the neighbor is violating an ordinance regarding the location of his drive way [Preferably get a copy and show it to the neighbor first to see if you can get voluntary compliance].

4. Check for deed restrictions to make certain the neighbor is in compliance.

If the neighbor is encroaching, don't wait too long to do something about it. If he is on your property there will come a time when he can assert a title claim to the encroached portion pursuant to the law on adverse possession (usually 10 years). Also, if you wait too long or sit back and watch him build the driveway without doing anything, you may waive the right to object to a violation of deed restrictions.

It is time for you and your neighbor to have a good talk before either of you has to start employing lawyers.