Property rights

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Property rights

I have a neighbor who has locked my gate and barricaded the entrance to the gate as well. I have removed the lock and the barricade. My fence and gate are located 36 inches into my property off the property line. I had survey provided to me when I purchase the property 5 months ago. The neighbor has tampered with the survey marker forcing me to have a new survey completed in the past week. I have the neighbor on film doing these things. The local police say that it is a civil matter. Do I have a cause of action in small claims court against my neighbor and a valid reason to recover out of pocket expense for the new survey to replace the missing survey marker?

Asked on January 8, 2017 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, you do appear to have a cause of action to recover the cost to redo the survey: the neighbor intentionally did something which costs you money, something she had no legal right to do (e.g. to move your markers), and when someone does that, they are liable, or responsible, for the costs they cause. If you have it on film, you would seem to have a strong case, and so proceeding as your own attorney, or pro se would be a good option. After filing, find out who the judge is (you can call the court clerk's office), then call his  or her chambers to find out the way you can present the video evidence to the court--judges differ in how they will receive evidence like this.


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