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Texas Boundary Line Disputes: If Your Property Is Hosting Your Neighbor’s Fence or Sewer Line, You May Have a Problem Understanding Boundary Line Disputes in Texas.

  • Writer: Stephen Nicholson III
    Stephen Nicholson III
  • Jan 28
  • 3 min read

Updated: 7 days ago


 

Texas Boundary Line Disputes | Encroaching Fences & Surveys


If your property is hosting your neighbor’s fence, driveway, or sewer line, congratulations—you may have a boundary dispute. Unfortunately, those don’t come with party favors. These issues often come to light when a property owner orders a survey, only to discover that multiple surveys don’t agree on where the boundary actually lies.

 

When neighboring surveys conflict, many people assume the newest or most precise survey automatically controls. In Texas, that’s not how it works.

Instead, courts focus on where the boundary was originally placed on the ground and what the original grant intended—not which survey looks cleaner or uses newer technology.

 

When surveys conflict, Texas courts apply a long-standing rule known as the “dignity of calls.” This rule prioritizes certain types of evidence over others when determining the true boundary. Generally, natural monuments (like rivers or trees) carry the greatest weight, followed by artificial monuments (such as marked stones or iron rods), then course or direction, and finally distance. If a survey relies heavily on measurements but ignores physical markers placed by an original surveyor, it may carry less weight.

 

Courts also look closely at field notes, historical surveys, and physical evidence on the land. Surveyor testimony can be critical, especially when explaining why a monument was accepted—or rejected—as a true boundary marker. When inconsistencies exist, these disputes are often treated as questions of fact, meaning a judge or jury must decide which evidence is most credible.

In some cases, extrinsic (parol) evidence may be used to clarify ambiguities in survey descriptions, such as conflicting calls or unclear field notes. However, that evidence generally cannot override clear and unambiguous written descriptions unless a mistake or fraud is shown.

 

Ultimately, the survey that prevails is the one that most accurately reflects the original intent of the grant and the boundary as it was originally established on the ground—not necessarily the most recent survey.

 

Need Help With a Boundary Line Dispute?

 

Boundary disputes can affect ownership rights, future development plans, and property value. At Walter Law PLLC, we represent property owners, landlords, and real estate investors in Texas real estate disputes, including boundary line disagreements, title issues, and conflicts involving competing surveys.


If you are dealing with an encroaching fence, shared utilities, or a disputed survey, early legal guidance can prevent a manageable issue from turning into an expensive legal battle.


Contact Walter Law PLLC today to protect your property rights and get clarity before a boundary dispute escalates. Texas Boundary Line Disputes | Encroaching Fences & Surveys.


Frequently Asked Questions About Boundary Line Disputes in San Antonio & Bexar County

What is a boundary line dispute in Texas?

A boundary line dispute occurs when neighboring property owners in San Antonio or Bexar County disagree about where the legal property line is located. This can involve fences, driveways, structures, or even underground utilities like sewer lines.

How do I know where my property line is in San Antonio?

The most reliable way to determine your property line in San Antonio or Bexar County is through a professional land survey. Property deeds and county records can also provide guidance, but a survey gives the most accurate boundary location.

What happens if my neighbor builds on my property in Texas?

If a neighbor builds on your property in Bexar County, it may be considered an encroachment. Legal options can include requesting removal, negotiating an agreement, or pursuing legal action to resolve the dispute.

Can a neighbor claim my property through adverse possession in Texas?

In some cases, a neighbor in San Antonio may claim ownership through adverse possession if they meet specific legal requirements over time. These cases are complex and depend on continuous, open, and exclusive use of the property.

What is an encroachment in real estate?

An encroachment occurs when a structure or improvement, such as a fence, driveway, or sewer line, crosses over a property boundary into a neighboring property in San Antonio or Bexar County.

How are boundary disputes resolved in Texas?

Boundary disputes in San Antonio may be resolved through surveys, negotiation, mediation, or legal action. In some cases, a court may need to determine the correct property boundary.

What should I do if I discover a boundary issue on my property?

If you discover a boundary issue in Bexar County, you should review your survey, gather property documents, and consult a real estate attorney to understand your options before taking action.

Can a title policy protect against boundary disputes?

Title insurance may provide limited protection for certain boundary issues in San Antonio, but not all encroachments are covered. It’s important to review your policy and understand its scope.


Working with a real estate attorney in San Antonio can help…

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