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We are homeowners with a fence that was built a few years…

Customer Question
We are homeowners with...

We are homeowners with a fence that was built a few years ago on our property, Our neighbor decided one day to put a flower bed the length of our fence on the outside of our fence. She is now watering and forgetting about it and our yard is being flooded and our dog muddy when he comes in. She is going to rot our fence if this continues. What are the boundary rules and can she attach her flower bed to our fence? Thanks

Lawyer's Assistant: Where is the property located?

Dallas, Texas

Lawyer's Assistant: Has any paperwork been filed?

No, not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am going to schedule a boundary survey.

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/20/2017
Real Estate Lawyer: Loren, Lawyer replied 9 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,356
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 9 months ago

Sorry to hear about the problem you are having with your neighbor. I realize how frustrating this is, but the law does afford you remedies to deal with it.

If your neighbor is running water onto your property you can sue for nuisance (interfering with the use and enjoyment of your property) and trespass (diverting their water flow to your property) over the water flow they are directing onto your property.

Actually, you can start with a cease and desist letter, but if they fail to respond, you will need to sue.

If the claim does not exceed $10k, you can sue in small claims court.

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Real Estate Lawyer: Loren, Lawyer replied 9 months ago

Did you have further questions? Please let me know if I have answered your question satisfactorily.

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Real Estate Lawyer: Loren, Lawyer replied 9 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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