Boundary disputes can make friendly neighbors become entangled in a contentious legal matter. In Texas, a land survey is often used to resolve these disputes by determining the precise boundaries of a property.
But what if one neighbor believes the survey is flawed? Can they challenge it? The short answer is yes, but the process requires a clear understanding of property law and the legal framework in the Lone Star State.
The role of a land survey in boundary disputes
When neighbors have a dispute over property boundaries, they can commission a land survey to access:
- A detailed map of the land
- The exact location of land boundaries
- Any existing encroachments
These surveys often become critical evidence in disputes, as they aim to clarify where one property ends and the other begins. However, surveys are not infallible, and errors can arise from:
- Incorrect data interpretation
- Reliance on outdated records
- Discrepancies in historical property descriptions
Neighbors who suspect such issues can challenge the survey to defend their property rights.
Grounds for challenging a land survey in the Lone Star State
A neighbor can challenge a land survey if they believe it’s inaccurate due to:
- Mistakes in measurements
- Incorrect placement of boundary markers
- Failure to account for natural changes (like river shifts or erosion)
Neighbors who spot these discrepancies can present the necessary errors to dispute the survey’s findings. A Texas neighbor can also contest a land survey if it conflicts with:
- Historical property deeds
- Easements
- Previous surveys
Reviewing title records and past surveys may reveal inconsistencies that undermine the validity of the disputed survey.
While surveys are critical tools for resolving disputes, they are not immune to errors or biases. Luckily, challenging a land survey in Texas is possible, but it requires diligence, evidence and personalized legal support.
