Legal Question in Real Estate Law in Texas

A homeowner in our private residential community moved her property/survey marker into the right-of-way (Texas) and constructed a fence over the property line. I understant the encroachment has to be handled civilly,but isn't the actual act of moving the marker a criminal matter? If nothing else, can we go theft of property where they have placed their fence on the right of way/easement?


Asked on 9/10/12, 6:24 am

1 Answer from Attorneys
Samuel Brown Law Office of Samuel Judge Brown

No the actual moving may be comsidered trespass-- its a civil action not criminal-- if nothing else move the marker--if the police are called it moves to a civil law suit

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Answered on 9/11/12, 2:52 am


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