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Old 01-06-2015, 07:08 PM
 
2 posts, read 2,551 times
Reputation: 10

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I recently purchased a duplex in East Dallas. The neighbor's property is also a duplex and the garage in the back is very old and is over the property line. In the next few months I want to landscape my backyard and this huge eye sore of a garage is in the way. What steps do I have to take to get this thing moved? The neighbors are not willing to help. I knew when I purchased this home that this problem existed but now I want to try and get it off my property. I have a survey from the closing. Any advise would be great.
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Old 01-06-2015, 07:11 PM
 
Location: North Texas
23,599 posts, read 31,135,299 times
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Lawyer.
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Old 01-06-2015, 07:49 PM
 
Location: DFW - Coppell / Las Colinas
29,920 posts, read 34,517,946 times
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You could sue him but he may have a claim against your property.

Did you get a new survey or use the old one and how do you know it's correct ? How far over is the garage ?
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Old 01-06-2015, 07:53 PM
 
Location: Grapevine, Texas
9,504 posts, read 19,501,660 times
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Good luck with that.
When we owned a duplex, our side fence took in about a foot of the neighbors' property. (The fence was so old that the fence company sign on it said "DA3-6565" for the fence company's phone number.) When our neighbors sold their house, we looked into the requirements for moving the fence, and we were told by several sources that since it had been more than 10 years since the fence was constructed, and there had been no previous complaints, we could not be required to move it. I can only imagine that an actual structure would be even more grandfathered than a fence.
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Old 01-06-2015, 08:08 PM
 
2 posts, read 2,551 times
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I got a new survey. The old garage is about 1 foot over the property line.
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Old 01-06-2015, 08:34 PM
 
Location: Prosper
6,268 posts, read 12,101,075 times
Reputation: 9325
1 foot over the property line, you're screwed. After a period of time (varies by state, but I think TX is 5 years), there exists a prescriptive easement. Meaning, that they have used that section of property for years and now they are allowed to keep using it.
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Old 01-06-2015, 09:16 PM
 
Location: North Texas
23,599 posts, read 31,135,299 times
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Yup. I said "Lawyer," but I'm changing my advice to "save your money and live with it."
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Old 01-07-2015, 08:17 AM
 
1,988 posts, read 2,302,723 times
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Consult a lawyer. Depending on all the facts, you may still be able to have it moved.
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Old 01-07-2015, 08:17 AM
 
1,212 posts, read 1,769,436 times
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Quote:
Originally Posted by azwildcat80 View Post
I got a new survey. The old garage is about 1 foot over the property line.
Personally, I would leave it alone. It is one foot. That hardly infringes on your property and I would not try to use a legal theory to get it removed. One poster referenced a prescriptive easement. Also look at adverse possession. You may not even have a legal claim, and if you did, it still sounds petty.
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Old 01-07-2015, 08:25 AM
 
Location: Southlake. Don't judge me.
2,809 posts, read 3,564,894 times
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Quote:
Originally Posted by HockDad View Post
Also look at adverse possession. You may not even have a legal claim.
I was going to mention that regarding the garage question which started this thread.
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