Texas Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

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Multi-State
Control #:
US-03188BG
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Word; 
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Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
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FAQ

Texas has no specific laws regarding fences directly on the boundary line between neighbors, though your city or HOA might have more specific instructions. In general, if it's on your side of the property line, you own it. If it's directly on the property line, then you and your neighbor probably own it jointly.

What Is Encroachment By Definition? Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines. Sometimes the encroachment is intentional.

How to File Adverse Possession in Texas Five Requirements for Adverse Possession. Actual and Exclusive Possession. Open and Notorious Possession. Continuous Possession for a Specified Period. Hostile or Adverse Possession. Claim of Right or Color of Title. ?Tacking? in Adverse Possession Cases.

Encroachment is very similar to trespass except that a trespass applies to a person making an unauthorized entry onto another's land. An encroachment, on the other hand, applies to a structure or some other physical object that illegally protrudes or invades another's land.

You do not want to be caught by surprise. Under this statute, a person may not remove a fence that is a separating or dividing fence in which the person is a joint owner or that is attached to a fence owned or controlled by another person, absent mutual agreement between the parties.

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Texas Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property