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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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My neighbor has recently put up a NO Trespassing sign between

Resolved Question:

My neighbor has recently put up a NO Trespassing sign between our houses which would deny me access to one side of my house for repairs & to put in a new furnace. Do I have right of entry
Submitted: 5 years ago.
Category: Legal
Expert:  Chris T., JD replied 5 years ago.

TexLawyer :

Who owns the property at the side of your house? Your property line surely extends past the edge of your house.

TexLawyer :

Do you have any easements?

Customer: Am I supposed to be viewing an answer.....
Customer: Am I supposed to be viewing an answer.....I'm confused...I dont see an answer to my question
Customer: I own less than a foot along the side of my house & my neighbor owns the rest. It's those old homes built very very close together...there is less than 4 feet between our houses. I can not access or work on the side of my house & remain on my property
Customer: Can she deny me access to maintain my home & especially to put this new furnace thru a large basement opening on this side of house
TexLawyer :

Under the law, you have to have normal ingress and egress to your home, that is, you must be able to get in and out of your property.

Customer: So if I can only get the new furnace in thru this side entrance between our houses that would constitute normal ingress?
TexLawyer :

So, you can access the side of your house. Since you do own a foot along the side of your house, they cannot completely deny you access. At a minimum, you have the right to access that foot of property.

TexLawyer :

Yes. Have you discussed the situation with getting the furnace in with your neighbor?

Customer: Even though I obviously cannot guarantee I can remain within that one foot as they (the furnace installers) haul this furnace in?
Customer: Discussing with her not an option. She is a mean old lady whose only desire is maintaining her propery line. Watches everyone even coming close to her property...have tolerated this for 20 hrs but she decided to up her game I guess by putting up this NO TRESPASS sign
Customer: Meant 20 years
TexLawyer :

Technically, you cannot trespass on her property. However, like I said, she cannot prevent your access to the side of your home and the foot you do own. You are just going to have to do everything you can to stay as close to the side of the house and deal with her. In reality, there isn't anything she can do about it. As long as you don't actually harm her property, she won't be able to sue you. However, if you somehow damage her property, you will, of course be responsible for that.

Customer: Guess that will have todo though still confused. On one hand I have normal ingress but then you indicT
Customer: Cate I cannot trespass & should try & stay on my foot which will be impossible for 2 guys hauling in a furnace
Customer: Shes not above calling police once she sees us walking this between the houses. OH WELL
TexLawyer :

Sorry to confuse. You have the right to access your property, that is, the side of your house. She cannot prevent that by putting up the signs. So, you have the right to that area. You do not have the legal right to use her land. However, even if you do walk down the side and step on her "side," she has no real legal recourse. The most she would be able to do is come out and yell at you.

Customer: Lol. Ok that I can take......wouldn't be the first time! Thank you
TexLawyer :

Is there anything else I can do for you?

Customer: Get me a new neighbor????
Customer: No thank you for your help
TexLawyer :

That will cost more than 28 bucks!

Customer: I guess. You eased my mind tho. Winter coming & furnace needs to go in.
TexLawyer :

Glad to help.

Customer: I'll click accept. Thanks again
TexLawyer :

If I've answered your questions, please remember to click the ACCEPT button. Good luc,

TexLawyer :


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