Hello All :
Two adjacent and identical homes in Houston, built in the 1930’s have separate narrow driveways on opposite sides. I own one home, and the other is for sale by my neighbor. Over the years my 7.6 feet driveway (and his 3.6 feet ) has been used by both of us to access our respective carports in the back of our properties, as the combined 11.2 feet allows SUV’s to pass through. My neighbor and me actually jointly paved the 11.2 ft driveway, and he was paying me a monthly fee for its use.
Now my neighbor sold the property, and the new owner wants to build his fence, therefore landlocking my access to my carport in the back.
We are dealing with Implied Easement / Usage Pattern / etc. The surveys of both properties make no mention of easements, and clearly define our boundaries.
I am preparing a Temporary Restriction Order to halt the fence building, and will proceed with an Injunction. Costly but necessary as the value of my property will decrease by some $80,000. The new owner does not want to sell me a few feet.
Please help me with advice, as I am desperate to resolve this. I heart there was a Texas Supreme Court case on a similar case.