Legal Question in Real Estate Law in Texas

Property/Fence

We had two fences. Neighbor unknown to us takes down our first fence and pours concrete up to our second fence. We had to replace the entire fence, but unable to regain property where the concrete was poured. We want him to tear out the concrete and put up his own fence. He also attaches structures to our fence such as his front driveway gate. No permission to do this. He remove part our our back fence so he could build a ''L'' shape structure on the back of his garage. Again on our property that we could not rebuild on. He also recently tried to destroy my 100 year old oak tree by cutting the branches not necessarily on his side but went to the trunk of the tree which is on my side. I managed to stop them before they completely ruined the tree. I want my property back and I feel he should have to tear up the concrete he poured and remove all structures on my property and attached to my fence. What are my alternatives?


Asked on 3/06/09, 9:07 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Property/Fence

A suit for trespass. Won't be cheap. First of all, you'll need a survey to determine the property lines. The surveyor will need to locate all the things your neighbor has placed on the property which you think encroach onto your land. A successful suit could result in a judgment ordering the removal of the encroachments. You might also recover the cost of your fences he destroyed. You have to decide whether this situation bothers you enough that you're willing to invest tens of thousands of dollars in legal fees and expenses to redress it.

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Answered on 3/08/09, 2:36 pm


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