Irving, TX asked in Real Estate Law for Texas

Q: How do I get information, copies of permits, etc... that allowed side yard gates to be erected across adjacent property?

We own zero-lot house in subdivision that was built in 1982. How do I get information, copies of permits, etc... that allowed side yard gates to be erected across adjacent property if the survey and the title company do not have that information? The reason I'm requesting this information is because out of 50 houses in this neighborhood, and they're all zero-lot, a new neighbor is claiming the gate is encroching on his property and knocked down the section of the gate that is crossing the property boundary.

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1 Lawyer Answer

A: First you will need to identify who is likely to have copies of the information you are seeking. I would start with the City in which the subdivision is located. Next would be the owner of the property at the time the side yard gates were erected. Next would be any HOA for that subdivision.

Realize that these types of documents aren't really useful so long after the project has been completed. So there is no legal or practical reason why anyone would want to retain such documents for so long a time.

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