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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55455
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Please explain what steps I can take to prevent the property

Customer Question

Please explain what steps I can take to prevent the property owner who uses the gate located on our property boundary line from entering my property.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi there. I posted my response to this in the original thread. If you don't see it let me know and I'll repost it here. :)

Expert:  Richard replied 1 year ago.

Just to be sure you received my response, I am going to re-post it for you here:

You can do a couple of things: 1) You can put your own lock on the gate since it's on the property line; 2) You can send him a letter by certified mail putting him 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 he cease and desist from any further trespassing in the future. Let him 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 he 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. One other suggestion would be to install an inexpensive camera monitoring the back yard that is tied to a computer hard drive so you have physical evidence of any trespassing should it occur.

Customer: replied 1 year ago.
Thank you.
Expert:  Richard replied 1 year ago.

You're very's my pleasure to help! Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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