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

Q: We have a neighbor that is putting up a fence and the corner of the fence is going to block our drive. This corner was

Established our 30 years ago. Can he legally do this? The lines that he has on ground, my mid size SUV will barely fit thru, so I know a dump truck will not. What can we do?

1 Lawyer Answer
John Cucci Jr.
John Cucci Jr.
  • Real Estate Law Lawyer
  • Houston, TX

A: The best way to handle this issue is to try to talk it out with your neighbor before the fence goes up. It would be great if you had a survey that shows the lines, etc. If that will not help, then you may need to file for an injunction in Court to prevent the fence from going up. I'm not sure what "the corner" actually means. But if you have been using a "right of way" for over 10 years, ylou should be entitled to an easement. However, I would need more details and history to give the best advice.

Please get back to me or Justia with more information so you can truely understand your rights, status and position with respect to the land.

Good Luck!

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