i have questions about small claims court?

Question

my neighbor built on my property. i want it removed i was told i had to have the property surveyed. if i win the case does he have to tear it down and refund me the cost of the survey? any info will help me thanks. if it helps i live in texas

Answer 1

Yes and yes.

Answer 2

I don't know if the laws are different .. but what I would do is go to the zoning office of your municipality.... get a copy of the survery, actually you should already have this... let the zoning officer know.. anything built a permit is aquired, any structure must be within feet of the property line, this isn't a small claims case, this should be able to be resolved thru the county officials..

Answer 3

how do you know it is your property.....if it has not been surveyed were you told the boundries on purchase....it shouldhave been surveyed first unless there were obvious and well marked boundries.....as far as court goes....
if you leave it, or allow what neighbor built to remain 7 years or more, and he maintains it, you are out of luck, it is called eminent domain..small claims will ask you why you didn't object to the erection of what ever he built at the time of building and what exactly are the boundries.....having it surveyed is expensive, you can try to sue for that cost but even if you win, there is no promise you will get that cost back....you really might be better off getting a lawyer as i fear your costs may be more than the 5000 limit in small claims....sorry....it is all i know but went through something similar..but with trees, on my land, neighbor wanted me to trim them because they shed pine cones on his yard....we made friends and came to a mutual agreement...it may sound lame...but try to handle it out of court...if you can...good luck...the joys of owning property and having neighbors!!!!

Answer 4

If it is a land question, that would not be in small claims court. Small Claims is $1000 or less. You represent yourselef in small claims court. Since it involves neighbor building on your property, you need to get a lawyer and go to a propper court because this involves land and the value of your property.

Answer 5

Yes, you can add the cost of the survey as part of your damages. Just note that most small claims courts have a value of $9,999 or less. If it's over that, but under $50k, go to Justice Court (at least in AZ).

Answer 6

First of all I am not sure that JP court has jurisdiction over boundary cases as the District court is the one with jurisdiction over land and land titles. As to boundary cases I do not know what costs can be recouped. Boundary cases are known as the case from Hell by most lawyers.

Answer 7

before paying for the survey, you might want to make a trip to your town hall and go to land records. they should be able to tell you the size of your lot.

what kind of a building did your neighbor erect? did he or she pull the necessary permits? you might want to stop by your building official's office first. if the proper permits weren't pulled, then your neighbor *COULD* be obligated to tear it down or remove it.

by starting at town hall, you might be able to save yourself a little money. and when you are at town hall, document everyone that you spoke with and also get copies.

Answer 8

you should ask for all costs to be covered. Whether you get everything will depend on the out come of the case.

Answer 9

yes proof of property infringement is on you ...yes he would be ordered to remove it... yes you should be awarded the cost of the survey....what about your local building department...he should have filed for permits and inspections...if he didn't they could order it be removed without your intervention

Answer 10

I think you would need to add the cost of the survey in your complaint.