If you and your neighbor cannot agree over what land belongs to whom, it’s likely time to examine resolution options. Begin by comparing property deeds to determine if it’s a simple misunderstanding — or if it’s more contentious. If necessary, pay a visit to your local tax assessor’s office to discuss the issue. If it’s more than a misunderstanding, you can ask the tax assessor for additional resources, including a land survey. Your county’s tax assessment office should have a record of all property in the jurisdiction, as well as a record of any alterations or easements. Sometimes, however, litigation is the only way to resolve a property line dispute.

If you find yourself in this situation, which is among the most common property disputes, start by having a survey done to be certain that your land is being infringed upon. If the fence is indeed on your property, calmly approach your neighbor to discuss a resolution rather than attempting to remove the fence yourself. If your neighbor is unwilling to negotiate, it’s time to recruit a property dispute attorney to determine what your options are. In some cases, a note on an attorney’s letterhead is all it takes to resolve the issue. In other cases, the dispute may have to go to before a judge in order to be resolved. And if the case is decided in your favor, you can typically get the fence removed and recover a significant portion of your legal expenses.

To find the answer to this question, you’ll likely need to check with your local building and planning department and refer to your local zoning laws. Keep in mind that some structures require a building permit, zoning variance, or conditional-use permit. Depending upon where you live, the zoning laws will vary. If you plan on constructing a brand-new garage, for instance, the requirements will usually be considerably more strict.

The seller of a home is generally required to provide an accurate Seller’s Disclosure Notice disclosing defects. Likewise, real estate agents and brokers have a duty to disclose property defects. Many agents carry a form of “malpractice” insurance to cover claims against them for negligence. However, as in other situations involving insurance companies, the person wronged often needs an aggressive lawyer to pursue litigation and successfully collect a fair amount of damages.

Even if an agent does not have errors and omissions coverage, we may be able to help you obtain compensation for real estate fraud. The Texas Real Estate Commission maintains a recovery funds for satisfying judgments when consumers are harmed by the negligence of licensed brokers, agents or inspectors.

The duty of licensed agents can be summarized as a requirement to disclose any condition material to the transaction — that is, anything that impacts property value or might influence the purchaser’s decision. However, brokers and agents make their money by selling property. They may “coach” a seller about what to reveal in a disclosure notice or even attempt to assign liability to that seller with specific language in notices given to the buyer. Also, they may close their eyes when they know their client, the seller, improperly discloses defects or fails to disclose defects at all.

In some cases, action for negligence may be appropriate against an inspector who should have either identified a potentially serious condition or recommended that an engineer be hired for further investigation.

If you believe you have been victimized by real estate fraud in North Texas, please contact us for a free initial consultation.

If your neighbor puts up a structure that encroaches on — or above — your territory, there are a number of ways to handle that infringement. Begin by making sure you know exactly where the boundaries of your property are, then speak with your neighbor about moving the structure or establishing a mutually agreeable alternate arrangement. If both you and your neighbor agree to leave the encroachment in place, provide the owner of the adjacent property with written permission to use your land. In many cases, this will limit any future disputes regarding the property. If, however, your neighbor is unable or unwilling to remove the encroachment, consider selling the encroached-upon property to them. Yet before doing so, be sure to contact your mortgage lender to ensure the land records are current and notated accordingly. Generally, a local real estate attorney will help you get these documents in order. If, however, all else fails, a trip to court may be required to eliminate the encroachment.