Legal Question in Real Estate Law in Texas

encroachment

15 yrs. ago, prior to our living in this home, our neighbors planted hedges that are now 8ft tall on the property line. These impair our view when exiting our property. We have almost hit people on 4 occassions. The commun. assoc. has deemed that the bushes be either shortened or removed by this homeowner. The neighbors have not done anything and nothing seems to be progressing. The constable says that if we hit someone, it is our fault and will be ticketed. Can we legally trim any shrubs that are hanging over our property line. Also they placed a sprinkler system as well as a PVC pipe running from their air conditioner on our property 15 yrs ago. Can we legally have all of this removed? We, regretfully, did not have a survey done to know of the encroachment. I've tried unsuccessfully to request them to do something and now it seems that the commun. assoc. is dragging their feet. We are worried about our liability, what happens when we decide to sell the home and somone gets a survey and finds the encroachment. Does this also affect the title company policy? Just what are our rights here in Texas? Thanks, Rebecca


Asked on 9/08/08, 7:03 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: encroachment

I would trim the bushes so your sightline is not impared. The sprinkler and pvc pipe has been there for over 10 years, so they could assert adverse possession on that property, but getting marketable title to that property would entail a lawsuit or a deed from you. The title company would except to those encroachments in the title policy.

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Answered on 9/09/08, 11:01 am


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