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I live in a home that shares a common property line and

I live in a...

I live in a home that shares a common property line and living space wall, only ~12', with my neighbor. We are currently undergoing a remodel. The exterior area of our property where my tile man is working is accessible through my home or from outside through to my courtyard. This gives them direct access without dragging their tools and equipment through our house. They have kept the area clean as they work because she is selling her home. Now my neighbor is bullying my workers and telling them to stay out of "her" yard. This creates an unnecessary burden to them on to us. This courtyard primarily serves as a fire escape from our master bedroom and is seldom used.She has trespassed our yard by walking through it, without permission, at all hours to walk her dogs. I had to physically limit egress to limit this violation. She has driven through our driveway to exit hers, again without permission. I had to put boulders in the drive to stop her.Thank God she is moving out. I don't want to be a nuisance like she is, but she is a liberal who thinks she has access to whatever she wants. I can't fix that. What should I do?***** *****

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

Texas

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

No. She's moving at the end of the school year so I am trying to be civil.

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Answered in 1 minute by:
3/14/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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So to be clear the contractor is using the common area and is not trespassing?

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Customer reply replied 4 months ago
I believe the 12" they use to walk to my courtyard to be her property. The area of her yard is accessible from our courtyard and is a primary fire exit from our master bedroom.

Thank you;

unfortunately if the property is in fact private there is no right to access it-not even for repairs, unless there is an easement.

If for example a homeowner needs to access a neighbor's property to do repairs they need to request permission; if the neighbor refuses the court may upon petition, issue an injunction allowing the entry for the limited time, but may also award compensation for the "use" of the land.

Unfortunately even though the court tries to do what is right (ie if the neighbors have been accessing each other's property in the past) the court cannot make a ruling giving that right unless they can find a prescriptive easement (basically adverse possession) and that actually requires 10 years of use.

legalgems
legalgems, Arbitrator
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