Boundary disputes between Texas property owners can begin with something as simple as a fence, driveway, retaining wall, or other improvement that appears to sit on the wrong side of a property line. In other cases, neighboring deeds contain conflicting descriptions, or an older survey does not match the way the properties have actually been used.
These disputes should not be ignored. An unresolved boundary problem can complicate a future sale, interfere with improvements to the property, create title concerns, and lead to expensive litigation.
Determining where one property ends and another begins may require reviewing deeds, plats (recorded maps of a subdivision), surveys, easements, other recorded documents, and the history of how the land has been used. A Texas real estate attorney can help identify the legal issues and the options available.
Trespass and Property Boundaries
Civil trespass generally occurs when someone enters another person’s property without the owner’s consent or authorization. In a boundary dispute, a trespass claim may arise when a neighbor crosses the property line or when an improvement extends onto land that belongs to someone else.
The first question is often whether the disputed area actually belongs to the person bringing the claim. That is why accurate surveys and title records matter so much.
Civil trespass is not the same as criminal trespass. Criminal trespass is addressed in the Texas Penal Code (Section 30.05) and generally requires that the person entered or stayed after receiving notice that entry was forbidden or that they must leave. A private boundary lawsuit is generally a civil matter, so the criminal standard of proof beyond a reasonable doubt does not apply.
Depending on the circumstances, a property owner may seek damages, an injunction (a court order to stop continuing interference), or other appropriate relief.
Encroachments Across a Property Line
An encroachment occurs when a structure or improvement extends across a legal property boundary. Common examples include fences, driveways, buildings, retaining walls, sheds, and landscaping improvements.
An encroachment sometimes exists for years before either owner discovers it. A new survey prepared for a sale, refinancing, construction project, or fence replacement may be the first sign that the boundary the owners have been using does not match the legal property description.
Finding an encroachment does not automatically decide who has legal rights to the disputed land. The parties may need to examine surveys, deeds, easements, prior agreements, and how long and in what way the land has been used.
Depending on the facts, a dispute may be resolved through a written agreement, relocating the improvement, an easement, negotiation, or a court proceeding. Be cautious about removing a neighbor’s fence or structure yourself before the legal boundary is determined and you have received advice about your rights.
Adverse Possession in Texas
Adverse possession is frequently misunderstood. Using someone else’s land for a long time does not automatically make it yours.
Under the Texas Civil Practice and Remedies Code, adverse possession means an actual and visible appropriation of real property that begins and continues under a claim of right that is inconsistent with, and hostile to, another person’s claim. “Hostile” does not mean angry or aggressive. It means the use is without the owner’s permission and contrary to the owner’s rights.
The statutes work as limitation periods. These are deadlines for the record owner to file suit. If the owner does not sue in time, the person in possession may be able to establish title. Texas has several periods, and which one applies depends on the circumstances:
| Period | General requirements | Statute |
|---|---|---|
| 3 years | Peaceable and adverse possession under title or color of title (a document that appears to give ownership but may be defective) | Civ. Prac. & Rem. Code §16.024 |
| 5 years | Using or enjoying the property, paying applicable taxes, and claiming under a duly registered deed | §16.025 |
| 10 years | Peaceable and adverse possession while cultivating, using, or enjoying the property | §16.026 |
| 25 years | Applies even if the owner was under a legal disability; a related provision covers certain claims based on a title instrument | §16.027, §16.028 |
These periods should not be treated as simple countdowns. Whether adverse possession has occurred depends on the nature of the possession and whether every requirement of the applicable statute is met.
Permission also matters. If a landowner has allowed a neighbor to use part of the property, that arrangement is different from possession under a hostile claim of right.
Adverse possession cases are highly fact specific. If a fence, driveway, building, or other use has crossed a boundary for many years, seek legal advice promptly rather than assuming ownership has or has not changed.
When a Court Must Determine the Boundary
Not every boundary disagreement can be resolved between neighbors. When competing surveys, deed descriptions, or legal claims cannot be reconciled, court involvement may be necessary.
Texas law allows a person interested under a deed or similar instrument to seek a declaratory judgment when the sole title issue is the proper boundary line between adjoining properties (Civil Practice and Remedies Code §37.004(c)). A declaratory judgment is a court ruling that formally establishes the parties’ legal rights and resolves uncertainty about where the boundary lies. These cases often depend on deeds, surveys, plats, and other recorded documents.
That option is an exception to the usual rule for title disputes. If the parties are disputing ownership of the land, and not just where the line falls, Texas Property Code Section 22.001 provides that a trespass-to-try-title action is the method for determining title to real property. Trespass to try title is a lawsuit in which each side must prove its right to the land.
The two actions are not interchangeable. Choosing the wrong one can have significant procedural consequences, so legal guidance is especially valuable before filing suit.
Addressing a Boundary Dispute Early
When a possible boundary problem first appears, gathering reliable information usually helps more than escalating the disagreement with a neighbor.
A current professional survey can show the physical location of the property line, but it should be considered together with the deed and other title documents. Older plats, easements, subdivision records, prior surveys, photographs, and evidence of how the property has historically been used may also matter.
Keep correspondence and other documentation about the disputed area. Statements about permission to use the property, responsibility for a fence, or agreements about the boundary can become important if the disagreement turns into litigation.
Waiting too long can create additional problems, particularly when adverse possession or another limitation period may be involved.
Finding Help With a Texas Boundary Dispute
Boundary disputes involve more than deciding where a fence belongs. They may raise questions of trespass, encroachment, easements, adverse possession, deed interpretation, title, and the right court procedure for resolving competing claims.
An experienced Texas real estate attorney can review the deeds and surveys, evaluate the parties’ legal rights, communicate with the neighboring owner, and advise whether negotiation or litigation makes sense. Boundary law applies statewide, but procedures and local practices can vary by county.
If you are dealing with a property-line or boundary dispute in Austin or Central Texas, the Lawyer Referral Service of Central Texas can help connect you with a real estate attorney who can evaluate your situation and explain your options under Texas law.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship.
