Neighbor Built A Fence That Blocks My Driveway Access, Says It's On His Property [texas]
Location: San Antonio, Texas
I bought my house three years ago. My driveway has this shared access easement with my neighbor's property to get to my detached garage in the back. It's been like this since the houses were built in the 70s according to the previous owner. Never had issues.
My neighbor sold his house in July and the new owner moved in maybe six weeks ago. Guy's name is Brett. Seemed normal at first, waved hello a couple times.
Two weeks ago I come home from work and there's a fence going up. Right across the part of his yard I need to drive through to access my garage. I can't get my car back there anymore.
I went over and asked him what's going on. He says he had a survey done and the easement isn't on the official property records, so as far as he's concerned it doesn't exist. Says I can park on the street if I need to.
I pulled out my closing documents that mention the easement and showed him. He looked at it and said his lawyer told him it's not enforceable because it was never properly recorded at the county. Says previous owners had a "gentleman's agreement" but he's not obligated to honor it.
The fence is completely finished now. It's a nice fence, like six feet tall wood privacy fence. But it completely blocks me from getting to my own garage.
I called the title company I used when I bought the place and they're looking into it but said it might take weeks. I've been parking on the street for two weeks now and just got a warning from the HOA about overnight street parking violations.
Do I have any legal standing here? Can he just block an easement that's been used for 50 years because it's not recorded properly? Do I need to hire a lawyer?
I tried being neighborly about this but he won't budge. Says if I have a problem I can take him to court.
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