Boundary disputes in Texas frequently arise when fences, driveways, buildings, or landscaping cross onto a neighboring property. These conflicts often stem from outdated surveys, ambiguous property descriptions, or long-standing beliefs about property lines.
Resolving boundary disputes requires a deep understanding of Texas property and real estate law.
Overview of Texas Legal Principles
In Texas, property boundaries are established primarily through deeds and surveys. Physical boundaries, such as fences, do not automatically change legal property lines. However, Texas law does allow certain exceptions when both property owners have treated a particular line as the boundary for a long time.
Several legal concepts can impact how boundaries are resolved:
- Oral Boundary Agreements: If both parties acknowledge a line and agree to treat it as the property boundary, the agreement may be enforceable.
- Boundary by Acquiescence: When neighbors respect a certain boundary for many years without dispute, a court may uphold that line, even if it differs from the legal description.
- Adverse Possession: If someone occupies and uses a portion of land openly and without permission for enough time, they may be able to claim legal ownership. This makes early action important when a potential encroachment is discovered.
The most reliable method to settle disputes, a written agreement signed by both parties and recorded in public records can permanently establish the boundary line.
If neighbors are unable to reach an agreement, one party may initiate a real estate partition action, especially when co-owned property is involved and a shared resolution cannot be reached.
Identifying a Boundary Dispute
A boundary dispute usually begins when a landowner suspects that a neighbor has built a structure or allowed vegetation to extend over the legal property line. Even small encroachments can reduce property value or limit land use.
To identify a boundary conflict, property owners should:
- Review their deed and legal description
- Examine any existing surveys
- Inspect physical features like fences, retaining walls, sheds, or trees that may cross into neighboring land
Obtaining a new, certified survey is often necessary to confirm the actual property boundary. This can help determine whether an encroachment exists. In cases involving seller-financed transactions, boundary lines may be further complicated by executory contracts, especially when possession and title are separated.
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Steps to Resolve a Boundary Dispute
1. Review Records
Start by gathering property records, including deeds and past surveys. Discuss your concerns with your neighbor to determine if the issue can be resolved amicably. Many disputes are the result of honest misunderstandings and can be settled informally.
2. Hire a Surveyor
A professional surveyor can confirm the correct boundary and provide documentation that can be used during negotiations or in court. Surveys are often the most persuasive evidence in boundary disputes.
3. Negotiate or Mediate
If informal talks fail, you should consider mediation. A neutral third party can help both sides reach a mutually acceptable solution, including moving a fence, granting an easement, or modifying property use. Agreements reached through mediation should be documented and recorded to protect future rights.
4. Execute a Boundary Agreement
A formal boundary agreement can clarify and permanently settle the issue. These agreements may permit an existing encroachment to remain or redefine the line with mutual consent. Recording the agreement ensures it binds future owners and prevents the dispute from recurring.
5. Pursue Legal Action
If no agreement can be reached, litigation may be necessary. A property owner can file a lawsuit to:
- Quiet title (to confirm rightful ownership and boundary)
- Obtain an injunction to remove the encroachment
- Seek damages if the encroachment reduced the property’s value
In court, accurate surveys, deed records, and any history of acquiescence or prior agreements will be essential evidence. Working with a lawyer who understands the nuances of contract formation and review can help ensure your documents and agreements hold up under legal scrutiny.
Contact an Experienced Texas Property Lawyer for Help
Resolving boundary disputes in Texas can be complex. Consulting with an experienced real estate attorney can help you protect your property rights and reach a fair and enforceable resolution to any boundary disputes. Contact Porter Law Firm today at (713) 621-0700 to schedule a confidential consultation to learn more.