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My neighbor put up an fence and left approx. 1 1/2 inches of…

Customer Question
My neighbor put up...

My neighbor put up an fence and left approx. 1 1/2 inches of his property on my side. e says that I can not put anything along the fence because it belongs to him. Is this true?

Lawyer's Assistant: Where is the property located?

Behind my gate and back yard

Lawyer's Assistant: Has any paperwork been filed?

Not that I am aware of but he taped a piece of protery line on my front door. It indicates aprox. 2 inches

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

I don't know enough to even question. HOA was not informed of his putting the fence up and is to give approval for such things but that is all I know enough to contribute at this time.

Submitted: 7 months ago.Category: Real Estate Law
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12/28/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,007
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Can you tell me the State that your question pertains to?

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Customer reply replied 7 months ago
Texas
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Thank you for the clarification. The fence your neighbor erected does belong to him. HOWEVER, he has no right to be using any portion of your land. If he refuses to move the fence off of your property is guilty of encroaching/ civil trespassing on your land and you can have a court order him to remove the fence. He would also be responsible for any damages his fence causes to your property. Where in Texas is your property located in?

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

"What is an Encroachment?

Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property.

You might decide that your neighbor's encroachment doesn't bother you and do nothing about it. This option has the advantage of preserving good will between you and your neighbor. However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision.

Remedies for an Encroachment

Fortunately, there are number of ways to handle an encroachment. However, before you do anything, make sure you know where the boundaries of your property are. You are about to begin discussions with your neighbors, and do not want to cause any ill will over mistaken boundaries.

  • To begin with, you can, and probably should, talk to your neighbor about it. He might be able to move the structure, or you might come to some alternate arrangement. Resolving any disputes out of court can save both of you legal fees, as well as the stress of hiring attorneys and going to court. If you and your neighbor decide to leave the encroachment in place, you may consider giving them written permission to use your property. This can prevent a later claim of adverse possession.
  • If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry. It is usually a good idea to contact your mortgage lender before such a sale, in order to make sure all the land records are accurate and up to date. A local real estate attorney can help you get all these documents in order.
  • If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed. This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action." This is a long process and usually (not surprisingly) does not encourage a good relationship with your neighbors. To make matters worse, you might lose. If your neighbor has been improperly using your land for some time, he could succeed in an adverse possession action, or, more likely, get the court to grant him the right to limited use of the property (known as a "prescriptive easement")."

http://realestate.findlaw.com/neighbors/what-can-you-do-about-an-encroachment.html

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Are you still online with me?

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Can you tell me where in Texas?

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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