Boundary Disputes in Texas: How to Handle Them Legally

Boundary disputes are a common issue that property owners face in Texas. These conflicts often arise when two property owners disagree over the location of their property lines. 

While boundary disputes are usually not as high-stakes as issues like inheritance or child custody, they can still create significant family law legal problems that can result in costly litigation, lost property, and damaged relationships. 

If you’re involved in a boundary dispute, it is important to understand your legal rights and how to handle the situation. At SCHWARTZ, HANNA & OLSEN, P.C., we work closely with clients to help them address these disputes and protect their property rights.

Boundary Disputes in Texas

In Texas, boundary disputes often involve disagreements about where one property ends and another begins. These issues can arise for many reasons, including unclear property markers, incorrect surveying, or longstanding misunderstandings between neighbors. 

Boundary disputes can also stem from easement rights, property encroachments, or the failure to recognize a prescriptive easement.

Family law matters frequently overlap with boundary disputes, especially when property is part of a divorce settlement or inheritance dispute. Property disputes can involve questions of ownership, possession, and rights to certain parcels of land. 

These types of disputes can often be more emotional because they may concern family assets, land passed down through generations, or shared family properties. As a result, family law legal solutions are needed to avoid ongoing conflict and protect the integrity of the property.

At SCHWARTZ, HANNA & OLSEN, P.C., we approach boundary disputes with sensitivity to the emotional dynamics involved, especially when family property is at stake. With our extensive experience in Texas law, we can provide the support needed to resolve these issues efficiently and fairly.

Types of Boundary Disputes

Boundary disputes come in many forms. It’s crucial to recognize which kind of dispute you’re dealing with, as each may require different legal approaches. Some of the most common types of boundary disputes include:

Adverse possession: Adverse possession occurs when one person uses another person’s land openly and continuously for a specified period—usually 10 years in Texas. If the property owner does not challenge the use, the person using the land may acquire legal rights to it. In these cases, a family law issue might arise if property ownership is contested during a divorce or among family members after an inheritance.

Easement Disputes: Easements are legal rights to use someone else’s property for a specific purpose, such as a driveway or utility lines. Disagreements often arise when one property owner believes that the easement is being used outside its agreed-upon terms. In some cases, the dispute may involve long-standing family property that has passed down through generations, further complicating the situation.

Encroachments: An encroachment occurs when a structure, such as a fence, building, or driveway, crosses over the boundary line onto another person’s property. These situations often arise when property lines are unclear, and they can be the source of tension between neighbors. In some cases, encroachments may be allowed under the doctrine of “prescriptive easement,” where one party’s continuous use of the property without objection can give them a right to it.

Survey disputes: Disagreements about property lines can also occur due to inaccurate or outdated surveys. In many cases, property owners may rely on old surveys that do not reflect current conditions or changes in land use. The involvement of professional surveyors is often necessary to resolve these disputes.

Boundary line agreements: In some cases, property owners may come to an agreement on where the boundary lines lie, but one party may later dispute the arrangement. These issues can be particularly problematic if no formal written agreement is made or if the terms are unclear.

The Legal Process for Resolving Boundary Disputes in Texas

When dealing with a boundary dispute, the first step is to attempt to resolve the issue amicably. This may involve talking with the neighbor or the opposing party to clarify misunderstandings or negotiate a resolution. 

However, when these efforts fail, taking legal action may become necessary. At SCHWARTZ, HANNA & OLSEN, P.C., we help our clients take the right legal steps to resolve their disputes and protect their property.

1. Surveying the Property

The first step in resolving a boundary dispute is often hiring a licensed surveyor to determine the exact location of the property lines. 

The surveyor will assess the property using legal descriptions, deeds, and physical markers to map out the land boundaries. This survey is a critical piece of evidence that can help clarify the situation and prevent unnecessary litigation.

As a family law firm that handles property disputes, we understand how important it is to have clear, accurate evidence. Often, boundary disputes arise from old or unclear property documents, and it’s essential to have a comprehensive understanding of the property’s legal boundaries before proceeding with any legal action.

2. Negotiation and Mediation

This step happens if a surveyor confirms that a boundary dispute exists. Mediation is often a preferred method of dispute resolution because it allows both parties to come to an agreement without going to court. Mediation can be especially useful when the property in question is family property, as it offers a way to preserve relationships while finding a resolution.

In mediation, both parties meet with a neutral third party—a mediator—who helps facilitate discussions and reach a fair agreement. If a resolution is reached, the parties can enter into a binding contract to resolve the dispute and avoid future conflict. This process is often quicker, less expensive, and less stressful than taking the dispute to court.

3. Litigation

If negotiation and mediation do not result in a resolution, litigation may be necessary. In Texas, boundary disputes are generally handled through civil lawsuits. The property owner seeking to resolve the dispute will file a petition with the court, and the case will proceed to trial.

During the trial, both parties will present evidence, including surveys, deeds, and other documentation, to support their claims. The court will review the evidence and determine the correct property boundaries. In some cases, a judge may also issue an injunction or order the removal of encroachments.

It’s important to note that boundary disputes can be costly and time-consuming, particularly if the case goes to trial. However, with the right legal representation, these disputes can be resolved effectively.

4. The Role of Family Law in Boundary Disputes

In many cases, boundary disputes are tied to family law matters. For example, when a divorce involves shared property, one of the parties may challenge the ownership or boundaries of the land. Similarly, family property passed down through generations may be subject to boundary disputes between heirs.

At SCHWARTZ, HANNA & OLSEN, P.C., we have a deep understanding of how family law intersects with property disputes. We recognize the emotional stakes involved when family members are fighting over land and work diligently to help our clients reach a resolution that protects their interests. 

Whether the issue arises from a divorce, inheritance, or a disagreement between relatives, we provide compassionate and experienced legal support to guide our clients through the process.

Defending Your Property Rights

If you find yourself facing a boundary dispute, it’s important to take action quickly to protect your property rights. Whether through negotiation, mediation, or litigation, there are legal options available to resolve these conflicts. 

At SCHWARTZ, HANNA & OLSEN, P.C., we are dedicated to providing our clients with the legal support needed to safeguard their property interests.

Our firm understands the ins and outs of property disputes, particularly those involving family property. We are committed to offering comprehensive legal representation to help you resolve your boundary dispute efficiently and effectively.