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My friend got this CRIMINAL TRESPASS WARNING [Tex. Pen. Code § 30.05(a)] letter from his neighbor today. Please see letter below. What should he do?

Dear Mr. and Mrs. Please be advised that this law firm represents and with respect to the above- referenced property. As you are aware, the Property lies adjacent to your own and is accessed by its road frontage on Southe • Road over the private road known as ›Lane. Although your property has significant road frontage along. Road, I am advised that you have asserted some claim of right to use Lane for access purposes. I write to correct that misapprehension. You do not have a legal right to use Lane for any purpose. • Lane is a private road and is part of my clients' property. Nevertheless, you have repeatedly driven over my clients' property to access your own. Please see the two enclosed photographs taken on January 14th and 16th which show you and your vehicle at a point outside your property which could have only been reached by trespassing upon my clients' property. My clients have also informed me that you have advised them that you intend to direct a moving company to use • Lane in the near future in the course of moving a house off of your property. My clients do not agree to any such use of their property by you nor anyone acting at your direction. You are hereby advised that any and all use of - Lane by you, or any person(s) acting at your invitation or direction, is strictly prohibited by my clients and you are directed to immediately cease and desist from such use. This prohibition also includes any person(s) utilizing your property for purpose of grazing or cutting hay. You are further advised that your presence on Lane constitutes a trespass upon my clients' property. Should you fail to abide by this demand, please be advised that my clients are fully prepared to institute suit to defend their property rights and seek injunctive relief against you.

This letter also serves as formal notice to you pursuant to Texas Penal Code § 30.05(a) that you are expressly forbidden to enter upon the Property, or any portion thereof, for any purpose or at any time. This prohibition specifically extends to any and all use of that portion of the Property known as " ¡ Lane." Any entry upon the Property by you will be considered a criminal trespass under § 30.05(a). Should you enter the Property at any time after receipt of this notice, a charge of criminal trespass will be brought against you. Finally, nothing contained herein shall be construed as a waiver by my clients of any rights or remedies that they may have against you at law, in equity or otherwise. Any violation of law by you or possible claim against you now existing or hereafter occurring or arising which is not specifically mentioned in this letter shall not be deemed to be waived, released or relinquished by my clients, and my clients reserve any and all rights to which they may now be or hereafter be or become entitled to enforce against you at law, in equity or otherwise. No failure by my clients to exercise, and no delay by my clients in exercising, any rights or remedies on their part shall operate as a waiver of any rights or remedies which our clients may have against you at law, in equity or otherwise. I strongly urge you to reconsider any action that will require my clients to take the steps described herein. Thank you in advance for your cooperation.

My friend believes he owns part of the road according to his deed.

submitted by /u/Technical_Cow2511
[link] [comments]

source https://www.reddit.com/r/RealEstate/comments/10gqd5i/my_friend_got_this_criminal_trespass_warning_tex/
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