Dallas, TX asked in Real Estate Law for Texas

Q: Have allowed neighbor to use five feet of my property. Do I retain ownership indefinitely?

No documentation. They have planted many shrubs, now established. I still pay taxes in that strip.

Related Topics:
1 Lawyer Answer
Douglas J. Shumway
Douglas J. Shumway
  • Salt Lake City, UT
  • Licensed in Texas

A: As I am sure any Texas lawyer will agree, you should put all agreements in writing so that in the future you don't have problems arise that are extremely expensive to litigate. Generally neighbors don't have problems until one or the other sells the property. The buyer relies on what he/she sees and can get very attached to the property that is not really his/hers. You can only imagine what happens when both sides sell and the person who buys your property gets a survey done and wants to sue both you and your neighbor for the deal. This is why it is always best to have a lawyer prepare the document that is required to allow the use for a period of time and retain the ownership rights. This document is almost always recorded so that future purchasers are aware of the deal and the present owners are therefore not usually exposed to liability. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.