The first land deed in Texas dates back to the early 18th century. Specifically, the Spanish government began issuing land grants in Texas around 1716. In those early days, a deed often used geographic details to identify property lines. Still, using geographic markers has its challenges. Natural features can change over time due to erosion, flooding, or other environmental factors.
7 steps for resolving boundary disputes
Texans protective of their land, and a boundary dispute can pit neighbor against neighbor, especially when natural markers change over time. Here’s a step-by-step guide on how these disputes are typically resolved.
Step 1: Understanding the dispute
First, it’s essential to understand the nature of the dispute. When a property line is defined by a changed natural marker, it can create confusion about where the boundary actually lies. This is common with rivers or streams that may erode or change their course over time.
Step 2: Conducting a survey
The next step is to survey the property. A professional surveyor will use historical records and modern technology to determine the current boundaries. This survey is crucial because it provides an accurate and updated map of the property lines.
Step 3: Talking to your neighbor
Once you have the survey results, talking to your neighbor is a good idea. Open communication can often resolve disputes without the need for legal action. You can compare surveys and property records to see if you can agree on where the boundary should be.
Step 4: Sending a demand letter
If talking to your neighbor doesn’t resolve the issue, sending a demand letter is next. This letter should clearly state your position and what you believe the boundary should be. It’s important to be polite and avoid making threats. The goal is to encourage your neighbor to settle the dispute amicably.
Step 5: Filing a lawsuit
If the dispute still isn’t resolved, you may need to file a lawsuit. In Texas, boundary disputes are often resolved in court. A county court judge will examine the survey results, historical records and other evidence to determine the actual boundary. This process can be time-consuming and expensive, so it’s usually a last resort.
Step 6: Court decision
This decision is legally binding, meaning both parties must adhere to it. Depending on the circumstances, the court may also order one party to pay for the survey and legal fees.
Step 7: Acquiescence
In some cases, if both parties have long agreed to a boundary, the court may recognize this agreement as the official boundary. This is known as acquiescence. It’s a way to settle disputes based on long-term acceptance of a boundary, even if it’s not original.
Resolving boundary disputes can be complex, but following these steps can help ensure a fair outcome. It’s always a good idea to consult a real estate attorney to guide you through the process and protect your rights.
