Property boundary disputes are a common issue among Texas homeowners, especially as property values continue to rise in Travis County and surrounding areas. While disagreements about property lines can feel overwhelming, understanding your rights and legal options can help bring clarity and resolution. Here’s what Texas homeowners should know about property boundary disputes and how to address them.
What is a Property Boundary Dispute?
A property boundary dispute occurs when two or more property owners disagree on where the boundary line lies between their properties. These disputes can arise from unclear or outdated property descriptions, encroachments (when one property owner builds on or uses another’s land), or even conflicting surveys. Resolving these issues often requires careful review of property records, surveys, and in some cases, legal intervention.
Common Causes of Boundary Disputes in Texas
- Unclear Deeds or Records: Many property boundary disputes stem from unclear or outdated deed descriptions. Texas property laws require deeds to provide a legal description of the property boundaries, but older descriptions may use vague language, leading to confusion.
- Encroachments: When a property owner builds a fence, driveway, or structure that extends over the boundary line, it can lead to a dispute. Texas law provides specific guidelines for handling these encroachments, but they often require cooperation or legal intervention.
- Adverse Possession: In Texas, a person can claim ownership of another’s property if they have continuously used or occupied it for a certain period (10 years in many cases). This can create a boundary dispute if one property owner claims ownership over land they’ve been using without a formal agreement.
Steps for Resolving a Boundary Dispute
If you’re dealing with a boundary dispute, there are steps you can take to resolve the issue:
- Review Property Documents: Start by reviewing your property’s deed, title, and any surveys you have. You may also need to look up your neighbor’s property records, as boundary lines are often specified there as well.
- Get a Professional Survey: Hiring a professional surveyor to assess the property boundaries is often the most straightforward way to clarify property lines. A certified survey can provide an accurate, updated property boundary description, which can serve as valuable evidence in a dispute.
- Negotiate with Your Neighbor: In many cases, discussing the issue directly with your neighbor can lead to a resolution. Presenting survey results and property documents can often help clarify misunderstandings without the need for legal action.
- Consider Mediation: If direct negotiation doesn’t work, mediation can be an effective way to resolve disputes. A neutral third-party mediator can help facilitate a discussion and find a mutually agreeable solution.
- Seek Legal Help: If the dispute persists, you may need to consult with a real estate attorney. An attorney can help review property documents, advise on legal options, and, if necessary, represent you in court to assert your rights and seek resolution.
Legal Representation
While many boundary disputes can be resolved through surveys and negotiation, legal representation is often necessary when disputes escalate. In Texas, real estate law can be complex, especially in cases involving adverse possession or disputed easements. An experienced attorney can help you understand your rights, represent your interests, and guide you through the legal process.
