Legal Question in Real Estate Law in Texas

My neighbor and I were working on a fence between our property last summer when he suggested we put the fence 2-3' on my property to enclose and piece of my property about 3' x 30' along the side and behind my garage in his back yard. He volunteered to sign a notarized agreement to describe the purpose /status of the fence. He said his wife was a Notary and that would be convenient. I waited three months and he did nothing so I prepared an agreement and gave it to him Two weeks later he said it looked fine and would get it prepared and give it to me. I waited three months and nothing happened so I asked him and he said his wiife was supposed to take care of it but apparently she had not and asked for another copy of the agreement as she had probably had deleted it. I provided another copy and waited another three months. Nothing. Two weeks ago I told him I needed the fence removed from my property and he agreed to do it and volunteered to do it in two weeks. Nothing. Do I have a case? How do I sue him? Retain attorney? Small claims court?


Asked on 6/17/10, 5:01 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Give him a 2 week deadline to move the fence or sign the agreement. The agreement needs to be notarized...and not by his wife. His bank should have a notary on staff or he can go to a title company. The Boundary Line Agreement needs to be recorded in the office of the County Clerk. If he fails to move the fence or sign the agreement, he is trespassing. If it were me, I would then have the fence moved, then sue him in small claims court for the cost of doing so (plus expenses) because I would have a tangible amount to plead. Best of luck.

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Answered on 6/18/10, 4:36 am


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