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  1. #1

    Default New Fence That Eats Up My Driveway

    My question involves real estate located in the State of: Texas

    Ok, here is the situation. In January we purchesed a property to rennovate in our town's historic district. We purchased the property using the already existing survey rather than having a new one done to save money. The neighbor that is on the side of the house which the driveway runs down had a pre-existing 6ft chanlink fence running about 2ft to the right of the driveway. No problem, just enough room to get a decent sized vehicle in and out and be able to open the doors comfortably. Two weeks ago we go by the property to see metal poles running down our driveway about 18 inches into it...through the asphalt...may not seem like a lot but due to a tree on the left side and another concrete walkway it renders all but the very first 8 feet of the driveway (basically the city easment) useless as such. She proceded to put up the rest of the fence- now get this- it does not replace her pre-existing fence which we know had been there since 2002 and she had put in herself- it simply sections off about 2.5 ft. She claims it is her property. See the attatched picture...we are taking her to court but I just wanted to get some advice and perhaps information pertaining to specific laws that prevent her from doing such. There is no way this is legal right?

    The origional fence is to the right in the picture, with the 'new' fence to the left and running down the driveway. Our house is the one to the left(not shown)...hers is to the right(not shown).

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: New Fence That Eats Up My Driveway

    It's time to get that survey done, don't you think?

    Do it before you go to court - if it turns out the property really is hers, court would be embarrassing.

  3. #3

    Default Re: New Fence That Eats Up My Driveway

    well...the way we were told was to have a 'real' survey done it would have to be drawn alll the way from the courthouse and would cost about 6,000$...we don't think she spent that much....we think she is just bluffing...the origional survey shows the boundry line two foot the the right of the driveway...right where her origional fence was...and we were also told that there is a law concerning pre-existing boundries if they have stood for a period of time...even if her chain link fence has not been there more than 7 years we know the driveway was put in about 40 years ago because the previous owner had owned the property for that long and it was there when he moved in. Is there no kind of grandfather clause for boundry lines?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: New Fence That Eats Up My Driveway

    Is there no kind of grandfather clause for boundry lines?
    No, there is not.

    You may have been "told" lots of things. The judge won't care. He's going to ask for the survey.

    You can do it the right way, or you can do it the cheap way. Understand that doing it the cheap way has the potential to come back and bite you very hard in the bank account, becoming far more expensive than the right way.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,589

    Default Re: New Fence That Eats Up My Driveway

    You need to get an attorney first.

    There are several ways the pre-existing fence could have been "grandfathered" in as the actual boundary. A court will be looking to determine questions of fact before applying the law. Texas has perhaps the most complicated laws regarding adverse possession of any state with varying time periods based on different factual circumstances.

    You will need a local real estate attorney to help you with this and deal with a neighbor who may be bluffing.

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