Encroachment

[stevemontes]

What is the name of your state (only U.S. law)? Texas

I bought a property and afterwards learned that the neighbors are encroaching on my land.
On my right side I have previously told them I want their property off my land and they refuse.
A wood fence in the rear portion entends about 2.6 ft into my property and a Plant sits along side the edge of the fence according the survey I had done.
The neighbor says if I try to put up my fence he will get a restraining order.
I wrote the owner of the house and told her I have a survey and will put my fence up.
I told her I will allow 5 days for them to remove their property from mine or I would remove it.

What are my options?

Am I within my legal rights to demand they remove their property and can I remove it if they refuse.

 

[lizjimbo]

Civil Trespass

A civil trespass action usually works wonders for obstinate neighbors.

 

[longsally111]

if you sent a letter RRR and they did not respond, you have the right to remove the portion that is encroaching on your property and then sue them for you having to do this. Make sure you give them 10 business days and the letter is send RRR. You are within your rights to ask them to move it,

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas

I bought a property and afterwards learned that the neighbors are encroaching on my land.
On my right side I have previously told them I want their property off my land and they refuse.
A wood fence in the rear portion entends about 2.6 ft into my property and a Plant sits along side the edge of the fence according the survey I had done.
The neighbor says if I try to put up my fence he will get a restraining order.
I wrote the owner of the house and told her I have a survey and will put my fence up.
I told her I will allow 5 days for them to remove their property from mine or I would remove it.

What are my options?

Am I within my legal rights to demand they remove their property and can I remove it if they refuse.

**A: how many years has the fence been there and are the neighbors paying property taxes on the section of this fenced in property?

 

[stevemontes]

encroachment

THe lady I bought this property owned the lot on the right side. she moved a house on my land and lived here. She sold the lot on right side to her Son around 1987. The appraisal district lists 1/2/1987 as the effective date when her son registered it. He demolished the house and built a new house on it. He later died and his Daughter inherited it around
1997. Again Appraisal district lists 2/14/1996. They pay taxes on 5000 Sq/Ft and according to the Survey that lot is only 48' wide. Mine is 5000 Sq/Ft and I pay taxes on 5000. The Grandmother says they have no right to the part in question and that I am within my rights to put my fence. The neighbor says because no one challenged them he has a right to keep it. I bought 5000 Sq/Ft. The other neighbor 2 houses down has been here all those years and says that my property and the ones on both sides were family and the sons just decided to put their fences where they wanted. He tells me that the lady who sold me the property told her sons they could not do that but they did it anyway.

 

[seniorjudge]

You need a survey, title report, and a good real estate lawyer.