Disputes with neighbors over fences, driveways, or new structures are surprisingly common – especially in rapidly growing areas like Travis County. These disagreements often start small and escalate quickly. Understanding your rights and options is key to resolving these situations effectively.
1. Survey First
If you suspect an encroachment, get a professional survey done. It’s the most reliable way to determine where your property line is actually located. Surveys are typically affordable compared to the cost of litigation and can provide critical evidence in a dispute.
2. Review Title Documents and Easements
Carefully examine your deed, title commitment, and any associated plats or subdivision documents. These may reveal recorded easements for utilities, drainage, or shared access. In some cases, your neighbor may be acting within their rights – or unintentionally infringing on yours.
3. Communicate with Your Neighbor (Then Put It in Writing)
It’s often helpful to start with a conversation. Many disputes stem from misunderstandings and can be resolved amicably. If you reach an agreement, follow up with a written summary or even a formal boundary or easement agreement. Having documentation can prevent future confusion or disagreement.
4. Legal Options for Enforcement
If informal efforts fail, you may need to take legal action. Common legal remedies include:
- Quiet title suits to establish or confirm ownership
- Injunctions to stop construction or remove encroachments
- Trespass claims if a neighbor is unlawfully using or altering your land
- Declaratory judgment actions to clarify easement rights
5. Adverse Possession Myths
In Texas, adverse possession requires very specific criteria to be met – including continuous, exclusive, and hostile use for a set period of time – and rarely applies in suburban property disputes. Don’t let myths guide your next steps.
6. Consider Property Value and Practical Solutions
Not every encroachment or dispute requires litigation. Sometimes a negotiated easement, cost-sharing agreement, or even a minor fence relocation may be the most efficient solution. The goal is to protect your rights without overextending your resources.
