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When buying a home with a garage, most people expect you to use it. Or at least the option. However, homeowner Paul Elworthy finds himself in an unfortunate position after developers put up a fence in his neighborhood that prevents him from opening his garage door because it is so close.

There is actually only about 3 feet of access space between the wall and the garage door, which means the garage door won’t open fully and owners won’t be able to get in or out, let alone get a car in or out.

Elworthy was stunned to discover that the wooden fence had been erected overnight by the developers building new houses at the back of his property.

Paul told The Sun, “It’s crazy, it’s absolutely crazy. The door comes up a few inches and then hits the fence. This means that the path at the back of the house is no longer accessible at all from the garage.

Paul Elworthy between garage and wall | Photo credit: Image: The Sun

The fence not only prevents vehicles from driving in and out, but everything in the garage now has to go through the house connected to it – including the garbage can. Of course, people would rather not roll their dirty outdoor trash can around their living room.

“If they had moved the fence back a foot the door would have opened and we wouldn’t be in that situation, but they just aren’t listening.”

Elworthy says he received planning permission from the city council to build the garage in the back of the house more than 20 years ago. He’s even gone so far as to pay a lawyer to tell council officials that the fence was built wrong and to get his money back. However, the council refused to budge because it has the right to build the fence.

Paul Elworthy between garage and wall | Photo credit: Image: The Sun

As one councilor stated: “As stated on several occasions, the fact that Mr. Elworthy’s garage has planning permission does not entitle him to access his garage from the council’s land.”

The garage was built on Elworthy’s property but overlooks the property which is earmarked for two two bedroom houses and the construction that began last month. Elworthy has officially taken the case to court and the council has hit back by moving a motion to dismiss the case.

The post Home-owner Livid After Builder Places Up Fence Blocking His Storage Door first appeared on DECKSAND FENCES DAILY.

The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are covered here, should consult lawyers about their particular circumstances.

Q. Years ago, my husband and I installed new fences on three sides of our yard, even though all of our neighbors had their own fences. Now a builder has just finished a new house behind us and nailed a new fence right to the back of our fence. I told him this was not acceptable, but he says a fence on the property line belongs to both homeowners. Is it right? If so, it doesn’t seem right.

A. Some states have laws that answer your question, but Texas doesn’t.

It appears that you are technically correct. Most likely, you built your fence on your side of the property line or possibly right on the property line. As a result, any nails that were hammered into your fence will now invade or even damage your property.

So what are you doing? If you are going to a small claims court (now known as a “judicial tribunal”), you must seek monetary damages. You can’t go to a small claims court to have the fence removed. The problem is, you are unlikely to have any financial harm. If you have extra wood on the back of your fence, your fence will likely get better, provided it is constructed to hold all of the extra weight.

To sue for the fence to be removed, you need to hire an attorney and file a lawsuit with the competent court. This endeavor will no doubt cost you thousands of dollars and is therefore financially impractical.

The builder clearly knows that there is essentially no recourse for you on this matter.

Note that despite the foregoing, there may be a local ordinance, law, or restriction that applies to where you live.

Q. My husband died seven years ago. Is It Too Late To Check Your Will? I am the named executor and I was told the time limit was four years after his death. But now I have to sell the house and both of our names are still on the certificate.

A. Under Texas law, your husband’s will can be probed more than four years after his death, as long as you, the executor of his estate, “are not in default”.

The courts have interpreted this language rather generously. The fact that you did not understand the need to examine your will is all you need to be deemed not to be in default.

Now that you need to sell your home and clear the title to remove your husband’s name from the deed, this is a sufficient excuse to miss the four year deadline to start probate.

Note that you may be limited to a somewhat simplified form of the estate called the Muniment of Title, but still find that you are now the sole owner of the house.

Ronald Lipman of the Houston law firm Lipman & Associates is certified by the Texas Board of Legal Specialization in estate planning and estate law. Email questions to stateyourcase@lipman-pc.com

The post Not a lot recourse for home-owner in fence feud with builder first appeared on DECKSAND FENCES DAILY.

“如果可能，把你的车停在一个车库或安全的大门后。” Twitter or by calling the December 1 666 incident.

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