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I live in Texas and I am having property line issues. I just…

I live in Texas...

I live in Texas and I am having property line issues. I just paid over 600.00 to have my property resurveyed because neighbors behind us put up a fence and gate on our property. They will not move the post off our property. What can I do?????

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Not be rude but if you read what I sent it was the first thing I noted, TEXAS

Lawyer's Assistant: Has anything been filed or reported?

No

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

I did try to take down the fence, that called the police and I was told I could not take anything down even if it was on my property. Not sure how true this is, that's when I ordered the survey.

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Answered in 1 minute by:
3/10/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,212
Experience: Real Estate Attorney with over 25 years experience
Verified

H​ello. Let me see if I can assist. Give me a moment to review and type my reply.

Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,212
Experience: Real Estate Attorney with over 25 years experience
Verified
Lori and 87 other Real Estate Law Specialists are ready to help you
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U​nfortunately, the only way to resolve the issue is in court. You will need to sue for declaratory judgment - to declare the property under the fence to be your property (as evidenced by the survey) and to sue the neighbor to recover damages for trespass.

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Customer reply replied 1 month ago
Can a letter by an attorney be written letting them know that they are on our property and that they 15 days to remove the fence and gate or we will have to take this to court at which time I will also include the overflow of their septic system into our yard which left standing sewage and cutting down trees over the property line. I would like to avoid court if at all possible.

Y​es, you can hire an attorney or prepare it yourself making demand on the neighbor to remove the fence or you will have no choice but to file suit.

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Customer reply replied 1 month ago
I have an easement on this property, can they put a gate on the easement?

N​ot unless they were granted rights to do so under the easement agreement.

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Lori
Lori
Lori, Lawyer
Category: Real Estate Law
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