Open questions..
1. When you look at the official survey of your property, are there any easements?
2. If yes, what is the stated purpose of those officially recorded easements?
It's very likely the firemen have legal, nothing-you-can-do-about-it, access to maintain the hydrant.
As for the neighbors contractors, why not go out and politely ask them what their plans are?
If they plan to access their work via your property, you can ask them the details and whether they plan to restore anything damaged, then you can decide whether to allow it. You may not have a choice...
If there is a utility easement, for example, and the contractors are there to repair or install cable/power/phone, they can legally use the easement for such work. I am not sure what Texas law says about their responsibility for restoring anything damaged. I had a similar issue in NC and IIRC, if you put anything in an easement and it's damaged by "easement work", too bad. You should not have put your fence/plants/concrete driveway/etc in the easement. At least that's how I remember it. Even so, the utility workers I interacted with were all happy to work with me to minimize damage (I was concerned with trees, gravel roadbeds and drainage ditches at the time). A few suggestions/requests from me and they got about their work with no problems.
When did a gun and a threatening nod come to replace open communication?
Now that you have a CHL, you have been informed and trained on your responsibility to DE-escalate this type of situation. In the contractor example, I strongly urge you to rethink your behavior as it pertains to deescalation.
I am not a lawyer. This is just my opinion, not legal advice.
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- by RoyGBiv
- Tue Oct 02, 2012 10:42 am
- Forum: General Texas CHL Discussion
- Topic: Defending Your Property Line
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