Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
3/10/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,104
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: 2,104
Experience: Real Estate Attorney with over 25 years experience
Verified
Lori and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now

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.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months 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.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months 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.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lori Your Own Question
Lori
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,104
2,104 Satisfied Customers
Experience: Real Estate Attorney with over 25 years experience

Lori is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Our next door neighbor hit our motor vehicle. we are
our next door neighbor hit our motor vehicle. we are renting. we had the property surveyed. The neighbor has put her gate over her property line and onto this property. She refuses to move it. We want… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Boundary dispute. Neighbor built fence behind my back. What
boundary dispute. Neighbor built fence behind my back. What can and can she not do. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My neighbor rents to own his property. he is building a fence
my neighbor rents to own his property. he is building a fence that is right on the line. It looks like it will split the line. Previously he said we will split it. I declined. I want to know if he can… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I am harassed neighbor - can you help me?I am terrorized by the childr
I am harassed neighbor - can you help me? I am terrorized by the children and yelled at by a neighbor. Tonight I just said goodbye to my daughter and the neighbor put a "cap" on top of my fence post. … read more
Expert
Expert
we bought our property in2006. we had it surveyed in May 16,
we bought our property in2006. we had it surveyed in May 16, 2013. our neighbor pulled up the stake and said it wasn't did by county. but it was. went to court I won my case and had resurveyed. His at… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,599 satisfied customers
Good Evening, I am looking for some help regarding my neighbors
Good Evening, I am looking for some help regarding my neighbors fence that turned out to be on our property line. My parents bought their home about 20 yrs ago. The original owners put in the fence. A… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I live in Hillsborough County, FL. Our neighbor recently had
I live in Hillsborough County, FL. Our neighbor recently had the fence between our properties torn down and replaced with the rest of the fence surrounding their property. These are the original owner… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Private Land Easement Issue Hello there. We are in the
Private Land Easement Issue Hello there. We are in the process of purchasing two tracts of land with the survey being done this week. Someone elses tract of land just to the left of of our tract #1 pr… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We bought our house and moved into it in Feb. 2003. The subdivision
We bought our house and moved into it in Feb. 2003. The subdivision is over 11 years old. Before the houses were built people were given letters explaining that if they were going to move property lin… read more
max713
max713
Lawyer, Mediator, Partner, and COO
Doctoral Degree
1,179 satisfied customers
About 10 months ago, my neighbor agreed to share the cost of
About 10 months ago, my neighbor agreed to share the cost of a 700+- foot fence. I agreed to have them stake out the property line based on the surveyor marks laid many years ago. We agreed that a por… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Fence dispute with fence that is on property line.
What grounds for damages would my neighbor have if I tear down a fence that is on the property line. Similarly can they call the police on workers putting up a new fence if they step on the neighbors … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,599 satisfied customers
About 15 years ago a neighbor erected a gate post and fence
About 15 years ago a neighbor erected a gate post and fence on our property without our consent. We recently had our property surveyed which was recorded by the County of Orange, establishing the prop… read more
socrateaser
socrateaser
1,031 satisfied customers
I reside in NJ and I have a neighbor who after 25+ years decided
I reside in NJ and I have a neighbor who after 25+ years decided to get a survey done on his property. He has lived there 25+ years and I have lived next door for 6. We both have 25 x 100ft. lots. His… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
land owner next door put up a fence off the property line some
land owner next door put up a fence off the property line some years ago and now after having resurveyed for privacy fence wants me to move my belongings away from the new fence line. Same owner has s… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We have owned a residential home in Williamston, MI for over
We have owned a residential home in Williamston, MI for over 20 years, we have neighbors to the west of us, our property is separated by a 4ft farm type fence, since we have lived here we have done al… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My neighbor plans on moving his fence since a survey done
My neighbor plans on moving his fence since a survey done about 3 years ago claims the fence is off 18". I have my flowers planted against his fence with limestone borders for the past 47 years. His f… read more
Curtis Staropoli, Esq
Curtis Staropoli, Esq
Principal and Managing Attorney
Juris Doctor
744 satisfied customers
i am disabled and the property owner from behind me came over
i am disabled and the property owner from behind me came over the other day an told me he was planning on moving the fence that is currently on his property 2.5 feet which would put the fence on my pr… read more
socrateaser
socrateaser
1,031 satisfied customers
How do you define adverse possession in regards to fence
how do you define adverse possession in regards ***** ***** line disputes. My neighbor purchased a survyied plot behind me in Clark County. The monuments for survey were not inline with the fence line… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x