Originally published on February 9, 2025

Discovering that your neighbor has built a fence, shed, driveway, or structure that crosses your property line is more than frustrating—it can be a serious legal issue. In Texas, property owners have strong rights to protect their land from encroachment, and courts take boundary disputes seriously.

If you suspect your neighbor has built over your property line, this guide explains what you need to know about Texas property law, your legal options, and how to respond effectively and proactively.

What Counts as Building Over the Property Line?

Any permanent or semi-permanent structure placed over the property line—without your consent—may qualify as an encroachment. Common examples include:

  • Fences extending onto your land
  • Portions of a driveway or sidewalk crossing the boundary
  • Garages, sheds, or decks partially built on your property
  • Retaining walls or landscaping features placed beyond their property

In legal terms, this is called an “encroachment,” which may rise to the level of a trespass or unjust enrichment if it deprives you of the use or enjoyment of your land.

Step 1: Verify the Property Line

Before you take legal action, it’s crucial to confirm that a violation has actually occurred. Start by:

  • Reviewing your survey or plat map from the time of purchase
  • Hiring a licensed surveyor for an updated and precise boundary survey
  • Comparing your deed’s legal description with your neighbor’s

Even a few inches of encroachment may matter under Texas law, especially if the structure interferes with your use of the land or could impact resale value.

Step 2: Talk to Your Neighbor

If the survey confirms your neighbor crossed the line, approach them calmly and respectfully. They may not be aware of the issue, especially if they relied on an old or inaccurate survey.

You can request:

  • That they remove the encroaching structure
  • To split the cost of a licensed survey if the line is still in dispute
  • To sign a written boundary agreement or easement if you’re open to compromise

While these situations can escalate quickly, many disputes are resolved amicably when handled early and professionally.

Step 3: Know Your Legal Rights

Under Texas law, you have several legal options if your neighbor refuses to address the encroachment:

1. Demand Removal of the Encroachment

You can request that your neighbor remove the structure. If they refuse, you may file a lawsuit seeking injunctive relief—a court order requiring them to tear down the encroaching portion.

2. Sue for Damages

If the encroachment caused financial harm, such as reduced property value or lost use of your land, you can pursue damages. Courts may award compensation based on the size of the encroachment and the impact on your property.

3. Quiet Title or Declaratory Judgment

These lawsuits ask the court to declare the true legal boundary and confirm your rightful ownership. They’re especially useful when your neighbor claims ownership through adverse possession or refuses to acknowledge the boundary.

4. Trespass or Nuisance Claim

Building on someone else’s property without permission is often a form of civil trespass. If the structure also causes odors, noise, runoff, or other problems, you may also have a claim for private nuisance.

Can Your Neighbor Gain Ownership Over Time?

Yes, but only under specific conditions. In Texas, if your neighbor has openly used a portion of your property for many years without your objection, they may try to claim ownership through adverse possession.

Common timelines include:

  • 10 years: Possession must be open, continuous, exclusive, and hostile
  • 5 years: If your neighbor has a deed and pays property taxes
  • 3 years: If they hold “color of title” (a defective deed)

If an encroachment has been in place for many years, consult an attorney quickly to determine whether adverse possession may apply.

Should You Grant Permission or an Easement?

If the structure doesn’t significantly interfere with your use of the property and you wish to avoid a lawsuit, you may consider granting your neighbor:

  • A written license: Temporary, revocable permission to use the area
  • An easement agreement: A formal, recorded right to maintain the encroachment
  • A boundary agreement: A mutual agreement clarifying the property line

These documents should always be in writing, signed, and ideally recorded with the county to protect your future rights.

How to Prevent Boundary Disputes

To avoid future issues with neighbors:

  • Always get a survey before building fences or permanent structures
  • Talk with neighbors before starting boundary-adjacent projects
  • Record any agreements about property lines or usage
  • Maintain clear records, including deeds, surveys, and correspondence

Small misunderstandings can escalate into expensive legal battles, so proactive communication and documentation go a long way.

Why You Need a Real Estate Attorney

Boundary disputes can get complicated fast. Your neighbor may hire an attorney, claim adverse possession, or refuse to remove the encroachment. In those situations, you need a real estate attorney who understands Texas law and local property dynamics.

At Guerra Days Law Group, we help property owners resolve these disputes through negotiation, litigation, or formal property agreements. Whether you’re trying to avoid a lawsuit or assert your rights, we can guide you toward a resolution that protects your property and peace of mind.

Don’t let your land be taken without your consent. If you believe a neighbor has built over your property line, contact our office for a consultation. We’ll help you get clarity—and if needed, a court order to enforce your rights.