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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10033
Experience:  Just Answer consultant at Self employed
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My new neighbor wants to tear down the existing fence [(20

Customer Question

My new neighbor wants to tear down the existing fence [(20 years old) between my original house and their brand new house] and build a new one, who is responsible for making sure the property line is correct?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: They have sent me an e-mail that they will be trying down my fence within a couple of weeks.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do I have to clear the shurbery (sp) on my side of the fence ar can I leave the shurbs as they are?
Submitted: 3 months ago.
Category: Legal
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

The person that is proposing the building would be responsible for ensuring the accurracy of the property line to avoid accidently constructing on the neighbor's property.
If they do construct on the neighbor's property the court can order the person to tear down the obstruction.

A neighbor is entitled to maintain plants/shrubs o ntheir property and they do not need to tear them out because a neighbor is building on the property line; in fact if the neighbor destroys property they can be sued for the fair market value of the shrubbery.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.