Legal Question in Real Estate Law in Texas

Neighbor built on our property

The lot beside our house was empty for many years. Recently a couple bought the land and started building. I assume they would have had to get it surveyed but not sure. When they came to introduce theirselves my husband gave them a rough outline of where the property line is. First the built a fence, and it's at least four feet on our property. They had the land surveyed not too long ago and, according to the stakes, their property ends right at their driveway. This means that everything they have in their yard is on our property. The worst part about is when the neighbor realized where the stake was, he just went and pulled it up. My husband was outside, and the neighbor didn't even acknowledge him. Now they put two dog pens back there. I have had enough. Is there anything we can do? I also heard you can't build within so many feet of a property line. Is that correct?


Asked on 10/14/06, 6:55 pm

2 Answers from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Neighbor built on our property

You are entitled to have them off your property; if they won't cooperate, you will have to sue them. You will need your own survey to establish where the property line is; if you're in a platted subdivision this will be easier to determine. Whether they can build near the property line is a matter of local ordinance and/or deed restrictions.

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Answered on 10/17/06, 3:27 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Neighbor built on our property

Your problem is the classic reason as to why real estate buyers ALWAYS should purchase a survey. If your neighbor fails to cooperate, you need to ask the court for an injuction which will prohibit them from encroaching onto your property.

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Answered on 10/14/06, 7:01 pm


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