How Boundary Disputes Are Resolved Under Texas Property Law
Boundary disputes are one of the most common sources of conflict between property owners. They often arise quietly, then escalate quickly when someone builds a fence, installs a driveway, or plans new construction. Under Texas property law, resolving these disputes depends on documents, surveys, and long-standing legal principles that determine where one property ends and another begins.
Understanding how these disputes are handled can help property owners protect their land and avoid costly mistakes.
What Is a Boundary Dispute?
A boundary dispute occurs when two neighboring property owners disagree about the location of their shared property line. Common situations include:
A fence or structure built over the property line
Conflicting surveys showing different boundary locations
Driveways, sheds, or landscaping that encroach onto neighboring land
Discrepancies between deed descriptions and physical markers on the ground
These disputes often surface during a sale, refinancing, or new construction, but they can also arise after years of peaceful coexistence.
How Texas Law Determines Property Boundaries
Texas courts rely on a hierarchy of evidence to determine boundary lines. Not all evidence carries equal weight.
1. Deeds and Legal Descriptions
The starting point is the legal description in each property’s deed. Courts examine how the land is described, including measurements, reference points, and historical conveyances.
2. Surveys
A licensed surveyor’s report is often the most important piece of evidence in a boundary dispute. Surveys show the physical location of boundary lines based on deed descriptions and recorded plats. If surveys conflict, courts evaluate how each survey was conducted and what evidence the surveyor relied on.
3. Monuments and Markers
Physical markers such as iron pins, stakes, trees, or concrete markers can carry more weight than measurements alone, especially if they have been relied on for many years.
4. Historical Use and Possession
Longstanding use of the land can sometimes influence boundary determinations, particularly if the boundary has been treated as settled by both owners for an extended period.
Common Legal Doctrines That Affect Boundary Disputes
Several legal principles may come into play depending on the facts of the case.
Boundary by Agreement
If neighboring owners previously agreed on a boundary line and treated it as correct, a court may enforce that agreement even if later surveys suggest otherwise.
Boundary by Acquiescence
When both parties have accepted a visible boundary, such as a fence, for many years without dispute, the court may recognize that boundary as the legal line.
Adverse Possession
In limited circumstances, long-term possession of disputed land may affect ownership rights. These claims are difficult to prove and require strict legal elements under Texas law.
Resolving Boundary Disputes Without Litigation
Not every boundary dispute needs to end in court. Many can be resolved through:
Reviewing updated surveys and title documents
Negotiating boundary line agreements between neighbors
Recording corrective deeds or easements
Adjusting fences or structures by mutual agreement
Early legal guidance often prevents a disagreement from becoming a full-scale lawsuit by identifying boundary issues before positions harden. Reviewing surveys, deeds, and historical records early allows problems to be addressed through clarification or agreement rather than litigation.
When Court Action Is Necessary
If informal resolution fails, a boundary dispute may require legal action. Courts can:
Declare the correct boundary line
Order removal of encroachments
Award damages for trespass or loss of use
Quiet title to resolve competing ownership claims
These cases are fact-specific and rely heavily on documentation and expert testimony. Courts closely examine surveys, deed histories, and testimony from licensed surveyors or other experts to determine the legally correct boundary.
Why Legal Guidance Matters
Boundary disputes involve technical records, historical evidence, and strict legal standards. Small errors in interpretation can lead to permanent loss of property rights. A real estate attorney can help you:
Evaluate surveys and deed descriptions
Identify legal risks before construction or sale
Negotiate enforceable boundary agreements
Represent your interests if litigation becomes necessary
Protecting Your Property Rights
Boundary disputes can be stressful and expensive if left unresolved. Addressing the issue early, with the right legal support, helps protect your land and avoid long-term conflict.
LDG, PLLC assists Texas property owners with boundary disputes by providing clear guidance, practical solutions, and strong advocacy when rights are challenged. Contact us to discuss your situation and protect what is rightfully yours.