They are getting ready to dig a ditch on the front of my property, easement is 10ft per our drawings, ditch will be in 15 to 20 feet not in the easement but on my property

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They are getting ready to dig a ditch on the front of my property, easement is 10ft per our drawings, ditch will be in 15 to 20 feet not in the easement but on my property

They are getting ready to dig a ditch on the front of my property, easement is 10ft per our drawings, ditch will be in 15 to 20 feet not in the easement but on my property what are my legal rights

Asked on July 10, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a legal action for an injunction (court order) barring them from digging anywhere but on their property or otherwise doing anything not in or permitted by the easement. The action can be filed on an "emergent" (think: "urgent" or "emergency" basis) to get "temporary restraints" (e.g. a "temporary restraining order" or TRO) barring them from doing anything in the interim, pending resoluation of the case. This can be a procedurally complex undertaking for a layperson--you are strongly advised to retain an attorney (e.g. a real estate lawyer) to help you.


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