It’s not unusual for neighbors to run into disputes over property boundaries. One of the more serious situations is when a neighbor extends their property onto your land. This can involve building a structure, expanding a driveway or placing a fence across the property line.
In Texas, landowners have rights that protect them in these situations, but resolving the issue depends on a few key factors.
How these disputes can happen
Property boundary issues often come down to simple mistakes and misunderstandings. A neighbor might rely on an incorrect survey or assume that an existing fence or tree line marks the true boundary. Problems can also arise when homeowners make improvements without checking legal property lines. In some cases, the encroachment may have existed for years without being noticed.
Property lines and surveys
Texas property boundaries are defined in legal documents like deeds. When a dispute arises, a licensed surveyor is usually needed to determine the actual boundary. If the survey shows your neighbor’s structure crosses the line, it may be considered an encroachment.
Legal remedies
If an encroachment is confirmed, Texas law offers several options. In some cases, property owners can request that the structure be removed. In others, they may agree to a boundary adjustment or sell the affected portion of land. However, if the encroachment has existed openly for many years, the neighbor may try to claim ownership through adverse possession. This is a legal doctrine that allows someone to gain title if they meet strict requirements, including continuous use for a set period.
Disputes like these often depend on details for their resolution. Understanding your rights and the legal boundaries of your property is the first step toward resolving the issue. For any boundary dispute, you should seek legal guidance.
