U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Texas > Dallas
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 01-06-2015, 07:08 PM
 
2 posts, read 2,647 times
Reputation: 10

Advertisements

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.
Reply With Quote Quick reply to this message

 
Old 01-06-2015, 07:11 PM
 
Location: North Texas
24,000 posts, read 32,846,519 times
Reputation: 27537
Lawyer.
Reply With Quote Quick reply to this message
 
Old 01-06-2015, 07:49 PM
 
Location: DFW - Coppell / Las Colinas
32,019 posts, read 36,668,383 times
Reputation: 38660
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 ?
Reply With Quote Quick reply to this message
 
Old 01-06-2015, 07:53 PM
 
Location: Grapevine, Texas
9,833 posts, read 20,533,814 times
Reputation: 7223
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.
Reply With Quote Quick reply to this message
 
Old 01-06-2015, 08:08 PM
 
2 posts, read 2,647 times
Reputation: 10
I got a new survey. The old garage is about 1 foot over the property line.
Reply With Quote Quick reply to this message
 
Old 01-06-2015, 08:34 PM
 
Location: Prosper
6,268 posts, read 12,925,096 times
Reputation: 9377
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.
Reply With Quote Quick reply to this message
 
Old 01-06-2015, 09:16 PM
 
Location: North Texas
24,000 posts, read 32,846,519 times
Reputation: 27537
Yup. I said "Lawyer," but I'm changing my advice to "save your money and live with it."
Reply With Quote Quick reply to this message
 
Old 01-07-2015, 08:17 AM
 
2,038 posts, read 2,431,963 times
Reputation: 2099
Consult a lawyer. Depending on all the facts, you may still be able to have it moved.
Reply With Quote Quick reply to this message
 
Old 01-07-2015, 08:17 AM
 
1,212 posts, read 1,860,002 times
Reputation: 1074
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.
Reply With Quote Quick reply to this message
 
Old 01-07-2015, 08:25 AM
 
Location: Southlake. Don't judge me.
2,840 posts, read 3,761,404 times
Reputation: 3694
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.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Texas > Dallas
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6. The time now is 07:13 AM.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top