Asked in Land Use & Zoning and Real Estate Law for Texas

Q: I have a few questions concerning a drive way easement that we were granted a few months ago.

We were granted and legally filed a driveway easement a few months ago. The land with that easement on it was recently sold and the new owners are aware of the easement but decided they wanted to install a fence. The fence was installed down the center of the easement. From our research and from the mouth of our land serveyer we can legally remove the fence. Is this something you can verify?

1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Real Estate Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Generally speaking, when someone builds a structure on a property bordering, the non-owner of the structure, does not have the right to just tear it down.

Have you spoken with the new owners to try and correct the situation? It may be necessary to attend a mediation or take legal action if they refuse to remove the fence.

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