Legal Question in Real Estate Law in Texas

Property line encroachment

I bought a house a year ago. I used an existing survey at closing. I then noticed the neighbors have encroached on my property in landscaping and improving their patio area. I have had a survey done which shows their encroachment to be 5 ft over the property line. In fact, they have a retaining wall that touches my home. They are claiming they were ngiven easement by the previous owners, though the have no proof. I am currently under TRO not to touch my property as they seek permanent injunction. Who would be liable or responsible for this situation. I want to put a fence on the property line. They refuse to budge. In addition, they violated the HOA by-laws which states no adjoining neighbor may encroach more than 2 ft over the property line, even with permission of lot owner. The landscaping and concrete work was done in spring of 2003. Convenienly, the neighbor who has encroached was on the Board of the HOA when it was approved.


Asked on 2/06/07, 11:08 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Property line encroachment

You should contact an attorney because if you are not represented properly, you might be procedurally railroaded by missing some important maneuvers that will protect your interests. Check TexasBar.com to find someone who does HOA work. Charles Fiscus is a good attorney who handles this type of litigation and I am sure there are others.

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Answered on 2/07/07, 6:32 am


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