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Property

What is the procedure when someone has
build a fence on your property? I just
got survey.

Asked on June 27, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they will not remove the fence voluntarily, you can bring a legal action (lawsuit) and seek a court order compelling them to remove it and/or requiring them to pay the cost of removal. In the course of the legal action, you'll have to prove the borders/boundaries of your land, such as by the survey; note that you'll need the surveyor(s) to testify in court, since under court and evidence rules, live witness testimony is necessary for this--the court will not accept the survey by itself. You will (presumably) have to pay the surveyor for his time, since they are under no obligation to testify for you for free.
On the court proceeding, your neighbor can present his/her evidence to the contrary, such as if they have a survey or deed showing different boundaries. The court will decide where the boundary is, and so if the fence has to go.


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