Property rights
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 7 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.