Property surveys are important to define the boundaries of a given parcel. But when a survey shows issues like property line disputes or undisclosed rights of way, related real estate transactions can face delays. Recognizing common survey complications can help protect your investment and keep your closing on schedule.
Access Issues
Access problems happen when a survey reveals that a property does not have a clear, legal path to a public road. Sometimes, a driveway crosses a neighbor’s lot without an official agreement on file. In other cases, the actual road or pathway doesn’t match the property’s legal description, leaving the land completely cut off from public access.
Unresolved access issues often stall or ruin real estate deals. Most lenders will refuse to approve a mortgage, and title companies won’t offer insurance without guaranteed legal access.
To fix an access issue, you typically need to:
- Check county records to confirm any existing legal agreements (easements) for access
- Write and sign a new access agreement with neighboring property owners
- Claim a legal right to access based on long-term, continuous use over time
- Ask a Texas court to grant legal access out of necessity for landlocked properties
These legal steps require careful preparation, and getting a legal decision from a judge can take several months.
Encroachments
An encroachment happens when a physical structure, such as a fence, building foundation, garden, or shed crosses over a property line onto neighboring land. Surveys can also catch structures built inside utility areas, drainage zones, or required setback buffers.
Common encroachment issues that cause closing delays include:
- Fences or stone walls built past the official property line
- Buildings or garages built too close to the boundary or inside restricted utility zones
- Neighboring driveways, patios, or concrete walkways crossing onto the property
- Roof overhangs or gutters extending over the property line
- Structures built inside official public utility or city drainage areas
Minor property line issues can often be resolved with a simple boundary agreement or city permit. Larger structural issues may require other interventions.
Parking Issues
Parking shortages frequently turn up during commercial property sales. A survey might reveal that the actual parking spaces don’t match the approved plans, that paved parking extends onto a neighboring lot, or that shared parking arrangements lack proper legal documents.
Local city rules set minimum parking space requirements based on building size and use. If a survey shows a shortage of spaces, owners may need to apply for city exceptions, create shared parking agreements with neighbors, or reduce the building’s usable floor area.
How to Approach the Survey Process
Ordering an accurate survey early in the buying process usually gives you enough time to resolve any hidden issues before closing. Waiting until the last minute can cause unexpected closing delays. An experienced real estate attorney can review the survey results alongside title reports to help resolve issues before you finalize the purchase.
If you are facing real estate disputes or survey issues in Texas, Porter Law Firm can review your property records and help guide you toward a solution. Contact us to schedule a confidential consultation.