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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33727
Experience:  15 years real estate, Realtor. Landlord 26 years
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Petsch. We own property on a private road in unincorporated

Customer Question

Petsch. We own property on a private road in unincorporated Dallas Co. We must maintain our own road here. We and other residents put in money for road materials. We live on the dead end of the quarter mile rd. There is never enough material to reach our property. That is why we had the asphalt laid on our end. Does the renter next door have the right to grate up the asahalt that runs in front of the property she rents and move it to potholes on other parts of the road?
JA: Thanks. Can you give me any more details about your issue?
Customer: We are taking her to small claims court for damages and she claims she can do anything she wants with asphalt bordering the property she rents.
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Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Who actually owns the land that the road is on where you have paved and where she is removing the asphalt?

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thanks

Barrister

Customer: replied 8 months ago.
Her landlord.
Customer: replied 8 months ago.
Her landlord. It is managed by a rental company.
Expert:  Barrister replied 8 months ago.

Ok, then from a purely legal perspective, the asphalt material is considered your personal property. And if you have installed it on the landlord's land, then technically you are trespassing on their land. It would be the same as if you parked your car on their land since a car is your personal property too.

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However if the owner gave you permission to pave their land, which seems logical since they benefit from your efforts, then the tenant would have no legal grounds to do anything with your personal property (i.e. the asphalt).

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So this is going to boil down to whether the owner/neighbor gave you permission to pave over their land..

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thanks

Barrister

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