My neighbor built a car port on the property i received 7 years ago, got survey,is therea10yr grandfatherclaus

is there a 10 yr. grandfather clause. it is doing property damage to my driveway, i have a handicap child so we plan to put a cement driveway but i need his car port moved. all the rain water drains at least 1 foot over on my property. code compliance says civil court matter. is there a clause on how long the car port has been there. it is in very poor shape, fell once barely standing now. we are in texas. i have pictures and video of the rain and the damage. do i have a case

My neighbor built a car port on the property i received 7 years ago, got survey,is therea10yr grandfatherclaus
If he built on your property, then you have the right to have it removed. Your property is your property and a 10 year grandfather clause, if there is one, would not apply. Your property deed and city/county property and tax records will provide proof of ownership.





If he belly aches about it, then ask your neighbor for a copy of car port's building permit and proof he owns the property.
Reply:You had better act now. The longer you allow him to remain on your land the stronger his position becomes. In fact, if he goes to court first, the court could award him the land under an "adverse possession" claim.
Reply:If it is definitely on your property, give him notice to remove it. ~


If he doesn't, rent a bulldozer and move it yourself onto his property. Then the ball is in HIS court and he'll have to decide if he wants to sue you.


Check local law for statute of limitation, IF an ungranted use of your property gives rights (easement) to the trespasser after a given length of time.
Reply:How long you owned the property is irrelevent. The important question is how long is how long the car port has been there.





Assuming there is a 10 year statute of limitation for tresspass to land (it vary state by state, I have no idea what it is in TX) and the carport has been there for more than 10 years your neighbor now owns that land throught adverse possession.





You might have a case, contact an atty in Texas.





Do not rent a bulldozer and do it yourself.