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).