How to Cope with Neighbors and Misuse of Property


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“My question is that my wife’s uncle , who resides in Texas, gave only verbal permission to some residents who were landlocked, next to his property, to use his land to get to theirs. After about a month those people signed up the pathway/easement as their own with the county commissioner until we found out and had it removed. They illegally placed a fence on our property 35ft W X 770ft L to keep our horses on our property so that they could use the pathway without the gates that were on there. I later went and removed that. They also ran their water pipes through the middle of our property and not where the utility company told them to without any permission. We have now been sued and are in court on this matter. They filed a temporary injunction to get us to remove the gates and place a fence back up to keep our horses on our property. They also want to set the width of the easement. What if anything can we do to get rid of them short of selling them property or an easement? They have attempted fraudulently, in my opinion, to obtain land. I say this because in their argument with the county commissioner, they stated to him since they put a water meter it became a public road. There has never been anything in writing that gave these people permission nor much less an easement.”

Question: If your neighbors are ignoring the law that flagrantly, it’s hard to imagine what you could do and feel secure afterwards. They already put up a fence and a water pipe without permission; what’s stopping them from doing the next thing they want without permission?