Boundary Line Disputes in Texas: What Property Owners Need to Know
Boundary line disputes can arise when neighboring property owners disagree about where one property ends and another begins. These disagreements may involve fences, driveways, buildings, trees, easements, surveys, or the use of land near a property line.
Some boundary disputes begin with a simple misunderstanding. Others can affect property ownership, development plans, real estate transactions, and the ability to sell or improve property.
Understanding the source of a boundary dispute and gathering the appropriate property records may help Texas property owners identify their legal options before the disagreement becomes more complicated.
Walter Law, PLLC assists Texas property owners, buyers, sellers, and investors with boundary line disputes and other real estate matters.
What Is a Boundary Line Dispute?
A boundary line dispute occurs when property owners disagree about the location, use, or ownership of land near the dividing line between their properties.
These disputes may develop because property records are unclear, physical improvements do not match the legal property boundaries, or neighboring owners have different understandings about how the land has historically been used.
Common boundary disputes may involve:
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Fences located across property lines
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Driveways extending onto neighboring property
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Buildings or structures crossing boundaries
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Disagreements involving surveys
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Trees or landscaping near property lines
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Easements and access rights
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Claims involving adverse possession
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Disputes over maintenance responsibilities
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Conflicting legal descriptions
Determining the actual property boundary may require reviewing surveys, deeds, plats, title records, and the history of the property.
What Causes Boundary Disputes in Texas?
Boundary disputes can develop for many reasons.
In some cases, a fence or other physical marker may have been treated as the property line for years even though it does not match the legal boundary.
Other disputes may result from:
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Inaccurate or outdated surveys
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Conflicting property descriptions
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Errors in deeds
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Construction across a property line
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Changes made by previous owners
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Shared driveways or private roads
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Unclear easement rights
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Property improvements made without a survey
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Disagreements about the historical use of land
Because every property has a unique history, understanding how the dispute developed can be important when evaluating the rights of the parties.
How Do You Determine the Legal Property Boundary?
A fence, hedge, driveway, or other physical feature does not necessarily establish the legal boundary between properties.
Determining a property boundary may involve reviewing:
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The property deed
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Current and prior surveys
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Legal descriptions
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Subdivision plats
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Title commitments
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County property records
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Easement documents
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Historical property records
In some situations, obtaining a new survey may help clarify the location of the property boundary.
However, a survey alone may not resolve every legal dispute. Questions involving ownership, easements, encroachments, or adverse possession may require additional legal analysis.
Are Fences Always Located on Property Lines?
No.
Many property owners assume that an existing fence represents the legal property boundary, but that is not always the case.
A fence may have been constructed:
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Inside the property boundary
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Across the property boundary
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Based on an older survey
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For convenience rather than to establish ownership
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By a previous property owner without confirming the legal boundary
Before relying on a fence as evidence of a property line, reviewing the deed, survey, and other relevant property records may be helpful.
What Is the Difference Between a Boundary Dispute and an Encroachment?
Boundary disputes and encroachments are related but different legal issues.
A boundary dispute generally involves disagreement about the location or ownership of the dividing line between properties.
An encroachment generally occurs when a structure or improvement physically extends across a property boundary.
For example, neighboring property owners may disagree about where the legal boundary is located. Once the boundary is established, it may be discovered that a fence, garage, driveway, or other structure crosses that line.
Because these issues often overlap, resolving a dispute may require reviewing both the legal property boundaries and the physical use of the land.
Can a Survey Resolve a Boundary Dispute?
A survey can provide important information about the location of property boundaries and physical improvements.
However, a survey may not resolve every dispute.
Questions may still arise involving:
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Conflicting surveys
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Errors in legal descriptions
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Easement rights
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Encroachments
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Historical property use
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Adverse possession claims
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Agreements between previous owners
When neighboring property owners disagree about the legal effect of surveys or property records, additional legal analysis may be necessary.
Can a Boundary Dispute Affect the Sale of Property?
Yes.
Boundary disputes may create complications when buying or selling property.
A dispute may:
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Delay closing
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Create title concerns
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Affect financing
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Require additional surveys
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Lead to negotiations between property owners
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Affect planned improvements
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Result in litigation
Addressing known boundary issues before listing or purchasing property may help prevent unexpected problems during a real estate transaction.
How Can Boundary Line Disputes Be Resolved?
The appropriate solution depends on the facts, property records, and legal rights of the parties.
Possible methods of resolving a boundary dispute may include:
Negotiation
Neighboring property owners may be able to reach an agreement after reviewing surveys and other property records.
Boundary Agreements
In some circumstances, property owners may enter into an agreement addressing uncertainty regarding a property boundary.
Easement Agreements
An easement may provide a solution when the dispute involves access or the continued use of part of another property.
Corrective Documents
Errors involving deeds or property descriptions may sometimes be addressed through corrective documents.
Property Transfers
Depending on the circumstances, the parties may agree to transfer a portion of property to resolve the dispute.
Mediation
Mediation may allow property owners to negotiate a resolution with the assistance of a neutral third party.
Litigation
When the parties cannot resolve the disagreement, court action may be necessary to determine property rights or obtain other legal relief.
What Should You Know Before Calling a Real Estate Attorney?
Before contacting a real estate attorney about a boundary dispute, gathering the relevant documents and information may help the attorney better understand the situation.
Helpful materials may include:
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The current property survey
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Older property surveys
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The deed
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The title commitment
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The title insurance policy
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Legal descriptions of the property
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Subdivision plats
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Easement agreements
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Photographs of the disputed area
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Communications with neighboring property owners
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HOA documents, if applicable
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Information about when fences, driveways, or structures were constructed
You should also be prepared to explain when the dispute began, how the property has historically been used, whether previous owners were involved, and whether a pending sale, construction project, or other deadline exists.
The history of the property and the parties’ use of the land may be important when evaluating a boundary line dispute.
Frequently Asked Questions About Boundary Line Disputes in Texas
Is a fence the legal property line in Texas?
Not necessarily. The location of a fence does not automatically determine the legal property boundary. Surveys, deeds, legal descriptions, and other property records may need to be reviewed.
What should I do if my neighbor says my fence is on their property?
Before taking action, consider reviewing your deed and survey and gathering information about when and why the fence was constructed. Depending on the circumstances, obtaining a new survey or consulting with a real estate attorney may be appropriate.
Can my neighbor remove a fence that is on the property line?
The answer depends on the location and ownership of the fence, the property boundaries, agreements between the parties, and other circumstances.
What happens if two surveys show different property lines?
Conflicting surveys can create complicated legal questions. Resolving the issue may require reviewing the deeds, legal descriptions, survey methods, historical records, and other evidence.
Can I lose property because a neighbor has used it for many years?
Long-term use of another person’s property may lead to claims involving adverse possession or other legal issues. However, merely using property for a long period does not automatically transfer ownership.
Should I talk to my neighbor before contacting an attorney?
That depends on the circumstances and the relationship between the parties. Some misunderstandings can be resolved through communication, while other situations may benefit from legal advice before taking action or making statements about property rights.
Learn More About Texas Real Estate Law
Boundary disputes often overlap with other legal issues involving property ownership, surveys, title, easements, and the use of land.
Explore our related Texas real estate law resources:
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Speak With a Texas Real Estate Attorney About a Boundary Dispute
Boundary line disputes can affect property ownership, real estate transactions, construction plans, and relationships between neighboring property owners.
Addressing these issues early may provide more options for resolving the disagreement before it becomes more complicated or expensive.
Walter Law, PLLC assists Texas property owners, buyers, sellers, and investors with boundary disputes and other real estate matters.
Contact Walter Law, PLLC to schedule a consultation with a Texas real estate attorney.