Property Dispute

[Tcharlotte5]

What is the name of your state? Texas . I need to file a petition for a temporary restraining order & injunction to enjoin interference with property right. Where can I get this form at I need to do this in the morning before this guy throws up a barb wire fence. HELP!!!!! His fence will cut off access to the guy behind me and he is taking the driveway that this man built himself in 1990. There are ingress/egress issues here.

[Grandma's house]

Let him put up the barb wire fence. Don't panic already. Go to your county eng. and zoning and complain that this barb wire fence IS dangerous (and it is) for children and animals. It does not matter that you may not have any children and or animals...but someone may come visit that has them, RIGHT??? He HAS to have a permit for this. If warm outside sit outside in your rocking chair and enjoy watching him put it up!!! Get a dated digital photo of when he is putting this up. To prove it hasn't been there in your counties "grand fathered" limits if any.

Then...when the zoning guy comes out to make him immediately take it down...sit still and watch him do that too.

Heck...I had my grand dad with old farm land in N.M. his residence as well as across the street from his res. where there was not a sole around. This he loved. The lot next door and across this country road had sold and some city folks were building there to move to the country. He watched the builders from his porch while sitting in his rocking chair. Week after week watching this house go up right? Water lines, electric and everything. He waited patiently!!!

Only...it was on the wrong lot, grand dad owned the new house, free and clear!!! PATIENCE IS A VIRTUE. In the a.m. go to your county's zoning or where ever that your county "building permits". Do not call them but go down there in person and make a formal complaint.
Barb wire IS dangerous! They even have height requirements and everything on actual real fences too... You cannot just "put up fences" let alone...barb wire.

[Ozark_Sophist]

Grandma's house: OP is in Texas. You know they have cows there, right? Barbed wire is legal. Permits are probably not required to fence.

Sounds like OP is stressed because landlocked neighbor probably is supposed to have ingress/egress over OP's property.

[Grandma's house]

Correct...however CA. has cows too. Happy cows.

He is stressed...you see this too. It's Sunday and he cannot DO anything legally. I just wanted to calm him down. If it IS legal...he can't do anything anyway. However if not??? I know for certain that Texas is NOT all cow land. Even if he is in such an area...
He needs to go to the proper authority's/zoning etc... I don't want to be watching my 11 p.m. news and see a shooting over a barb. wire fence in Texas! lol (you just never know where these upset folks go from here)

Just kiddin...O.P. I know you aren't THAT upset! Right?

shhhh...maybe he fell asleep in his rocking chair.

[Ozark_Sophist]

Originally Posted by Tcharlotte5

Why would we have to yield and not him? Also couldn't adverse possession apply here since we and the fellow behind us have been maintaining this driveway. Too bad we did not put a fence up already and this would not be an issue.

It all comes down to where the deeded ingress/egress access is for the landlocked parcel. If it is across your property, it has not been extinguished simply because the landlocked parcel has a driveway across a third party's land.

If your neighbor wishes to claim adverse possession, he will need to file suit. The costs will likely run well into the five figures (legal fees, court costs, surveyors, etc.). Your neighbor may well decide to utilize his deeded access (wherever that is) and make improvements on that.

If the neighbor were to successfully argue adverse possession, the deeded access would still not be extinguished, so he or future landowners may at some point also seek to utilize that strip of land for additional access.

[Rexlan]

Originally Posted by Grandma's house

Let him put up the barb wire fence. Don't panic already. Go to your county eng. and zoning and complain that this barb wire fence IS dangerous (and it is) for children and animals. It does not matter that you may not have any children and or animals...but someone may come visit that has them, RIGHT??? He HAS to have a permit for this. If warm outside sit outside in your rocking chair and enjoy watching him put it up!!! Get a dated digital photo of when he is putting this up. To prove it hasn't been there in your counties "grand fathered" limits if any.

Then...when the zoning guy comes out to make him immediately take it down...sit still and watch him do that too.

Heck...I had my grand dad with old farm land in N.M. his residence as well as across the street from his res. where there was not a sole around. This he loved. The lot next door and across this country road had sold and some city folks were building there to move to the country. He watched the builders from his porch while sitting in his rocking chair. Week after week watching this house go up right? Water lines, electric and everything. He waited patiently!!!

Only...it was on the wrong lot, grand dad owned the new house, free and clear!!! PATIENCE IS A VIRTUE. In the a.m. go to your county's zoning or where ever that your county "building permits". Do not call them but go down there in person and make a formal complaint.
Barb wire IS dangerous! They even have height requirements and everything on actual real fences too... You cannot just "put up fences" let alone...barb wire.

What are you smokin today ? It looks like you got the "......" gene too.

Have you saved a whale lately ... ? ... lol.