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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55605
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Can I remove a fence that was constructed blocking access to

Customer Question

can I remove a fence that was constructed blocking access to a recorded easement to my property? can I push it down and push it on the owners property without committing an act of trespassing?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

If you have written the owner a letter and he had failed to comply, then you do have the right to remove it so that your easement rights are not restricted. Because you have an easement over the neighbor's property, you have an absolute right to access your property by using this easement and the neighbor's blocking this easement is depriving you of a vested property right. If they are not willing to voluntarily stop blocking your access with this fence, you can remove it or you can file suit against them to force the issue. In that suit you will want to ask the judge to award you both damages for the past deprivation of the full use of your easement rights and an injunction prohibiting further interference with your rights, which would include a court order mandating that the trees be removed. If they then violate the injunction and court order, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.

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