Legal Question in Civil Litigation in Texas
Property Lines
Our neighbor is encroching on our property, he is getting ready to put in a driveway, and I believe he is too close to our property. What are my rights and what are the steps to take to make sure he stays within the laws. How close can he come to the property line. Please include any and all information we need to protect our property and rights. We have lived at this address for 30 years, they have lived next door for about 5 years. They are not friendly at all. Thank you for all your help.
2 Answers from Attorneys
Re: Property Lines
First see if there are any restrictive covenants governing where you live. There may be restrictions as to where they may place a driveway. Other than that, they can place their driveway anywhere they like within their property lines.
They don't encroach upon your property unless they go upon your property. They can place the formwork for their driveway right next to your property, but not an inch upon it, since that would be a trespass.
Re: Property Lines
To do:
1. Make certain that you know where your property line is. Have it surveyed if necessary, and make certain that the corners are marked.
2. Check with the city where you live for ordinances regarding the location of improvements on your and your neighbor's property.
3. File a complaint with the city if the neighbor is violating an ordinance regarding the location of his drive way [Preferably get a copy and show it to the neighbor first to see if you can get voluntary compliance].
4. Check for deed restrictions to make certain the neighbor is in compliance.
If the neighbor is encroaching, don't wait too long to do something about it. If he is on your property there will come a time when he can assert a title claim to the encroached portion pursuant to the law on adverse possession (usually 10 years). Also, if you wait too long or sit back and watch him build the driveway without doing anything, you may waive the right to object to a violation of deed restrictions.
It is time for you and your neighbor to have a good talk before either of you has to start employing lawyers.
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