Neighbor Disputes Over Property Lines and Boundaries: When to Pursue Civil Litigation in Texas
Property line disputes with neighbors are among the most common civil disputes in Texas. Whether the dispute involves a fence that encroaches on your property, a neighbor’s tree branches hanging over your yard, or disagreement over where the actual boundary line is located, these disputes can quickly escalate and damage community relationships. Understanding your legal rights and when to pursue civil litigation is essential.
The first step in addressing a property line dispute is to obtain a professional survey of your property. A licensed surveyor will establish the precise location of your property lines based on the original deed, previous surveys, and physical markers. This survey is critical evidence in any dispute and will provide the foundation for your legal position. If a neighbor’s fence or structure encroaches on your property, the survey will establish the extent of the encroachment.
Before pursuing litigation, attempt to resolve the dispute through negotiation. Many property line disputes can be resolved amicably if both parties understand the legal boundary and agree to move the offending structure or take corrective action. Send your neighbor a letter (via certified mail) explaining the survey results and proposing a resolution. Many disputes are resolved at this stage without the need for litigation.
If negotiation fails, you have several legal options. If a neighbor’s fence or structure encroaches on your property, you can pursue a civil action for trespass or for removal of the encroaching structure. Under Texas law, if a structure encroaches on your property and the encroachment is relatively minor (typically less than 10% of the structure’s value), courts may order the neighbor to pay damages rather than requiring removal. However, if the encroachment is substantial, the court may order removal.
Another common property line dispute involves adverse possession — a legal doctrine that allows someone to claim ownership of land if they have occupied it openly, notoriously, and exclusively for a specified period (typically 10 years in Texas). If you believe a neighbor is attempting to claim part of your property through adverse possession, it is critical to take action immediately. Allowing the encroachment to continue increases the risk that the neighbor could eventually establish adverse possession rights.
Property line disputes can also arise from boundary line agreements — written agreements between neighbors that establish a boundary line different from the legal boundary shown on the deed. If you and your neighbor wish to agree on a boundary line that differs from the legal boundary, you can formalize this through a boundary line agreement. However, such agreements must be in writing and properly recorded to be enforceable.
If you are involved in a property line dispute with a neighbor, contact Nixon Law PLLC for a consultation. We can review your deed, survey, and the neighbor’s position, advise you on your legal rights, and represent you in negotiation or litigation if necessary.
About the Author: Jonathon G. Nixon is the managing attorney of Nixon Law PLLC, a Houston-based litigation firm focused on property insurance disputes, construction defects, personal injury, and commercial litigation. Contact Nixon Law PLLC at (713) 482-1523 or jnixon@nixon-law.com.