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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55596
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We installed our fence last year. It is almost a half foot

Customer Question

We installed our fence last year. It is almost a half foot inside our property line. The neighbors have put up some type of wall which is up against our fence and is over the property line. We have discussed the property line issue with them in the past and they just have gotten nasty with us. Does the fence change our property line or are they encroaching?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
They are encroaching. You have no legal obligation to put your fence right up to the property line. If your fence is inside your property line, the neighbor has no more right to put anything on or next to your fence on your property as the neighbor would have to hang something on your house. Putting your fence inside your property line has no impact on your property line. Your neighbor coming on your property is trespassing and the neighbor has no legal right to trespass upon your property without your consent. You would want to first send your neighbor a letter by certified mail putting your neighbor on official notice that he is not legally allowed to trespass upon your property without your prior written consent which you are specifically not granting and demand that your neighbor cease and desist from any further trespassing in the future. Let your neighbor know you hope this is the end of it so that nothing further needs to be done, but that if he continues to enter your property without your consent, you will have no choice but to: i) contact the district attorney's office and file criminal trespass charges; and ii) file a civil suit seeking an injunction to be issued prohibiting future trespassing and damages for past trespassing. If your neighbor then violates that injunction, he would be in contempt of court and subject to civil and/or criminal sanctions imposed by the court. Typically the letter is sufficient.
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