Carol Ostrow Aug. 13, 2015, 12:11pm


A Brazoria County woman is suing a neighbor, alleging property infringement involving an old fence construction between their lots.

Etna Dunn filed a lawsuit Aug. 11 in Galveston County District Court against Bonnie Kyle of Alvin, alleging breach of property boundaries in May, when standard land surveys allegedly revealed discrepancies and obstacles.

According to the complaint, on May 11, Dunn purchased property at 901 Herrington Road, Alvin, subsequent to a survey of the property. According to the survey, the suit states, the property line extends approximately 9.5 feet beyond an old fence line on the lot’s western perimeter.

The lawsuit states that because the perimeters noted in a property description provided to Dunn did not match those in the survey, she approached Kyle, owner of the adjacent property, to discuss the matter. The plaintiff alleges the conversation deteriorated when Kyle became agitated.

During a second survey, two iron rods were discovered in alignment with the old fence line, and Dunn says these rods reduced her property by approximately .04 acres. The plaintiff wishes to have the court declare and transfer title and possession of the disputed area to her as the owner, as per Texas civil codes.

Dunn seeks declaratory judgment, up to $100,000 in compensation for actual damages, pre- and post-judgment interest, attorney fees, expenses and costs. She is represented by attorneys Martin Law and John J. Patout Jr. of Patout & Shaw in Stafford.

Galveston County District Court case number 15-CV-0832.

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