Posted: July 28, 2024
Category: Real Estate / Boundary Disputes

Property line disputes are among the most common (and frustrating) issues for Texas landowners. One of the most frequent scenarios is discovering that a neighbor has built a fence over the line—onto your land.

This raises an important question: What are your legal rights, and what can you do to correct the situation? Here’s what Texas law says about boundary encroachments, and how to resolve them effectively.

📏 Step 1: Confirm the Boundary Line

Before you take any legal action, you’ll need to confirm where the true property line lies. Relying on existing fences, trees, or historical markers is not sufficient.

You should:

  • Review your deed and legal property description
  • Hire a licensed surveyor to perform a boundary survey
  • Compare results with your neighbor’s records (if needed)

Without solid proof of the encroachment, your claim may not succeed in court.

⚠️ What Happens If the Fence Is Over the Line?

If your neighbor built a fence on your land, even by a few inches, it is legally considered an encroachment. You have several legal options:

1. Request Removal

Start by sending a polite but firm written request to remove the fence or move it to the correct location. Provide your survey as evidence.

2. Negotiate an Agreement

If the encroachment is minor, you may offer to sell or lease the strip of land—or create a written easement or license. If you’re fine with the fence staying, get the terms in writing and record it with the county.

3. File a Lawsuit

If your neighbor refuses to move the fence or acknowledge the error, you can file suit for:

  • Injunctive relief – to force removal of the encroachment
  • Trespass damages – for unlawful use of your land
  • Declaratory judgment – to affirm your ownership

🔁 Can Long-Term Encroachment Turn Into Ownership?

Yes—under Texas law, a neighbor who uses part of your land openly, continuously, and without your permission for a long period (10 years or more) may claim ownership through adverse possession.

That’s why it’s critical to act quickly if you discover an encroachment, even if it seems minor or harmless.

🛡 How Guerra Days Law Group Can Help

We assist property owners in Texas with:

  • Boundary surveys and title reviews
  • Negotiating encroachment settlements
  • Filing or defending fence encroachment lawsuits
  • Preventing adverse possession and protecting your land

✅ Final Thoughts

A misplaced fence is more than just a nuisance—it can affect your property rights, title, and resale value. Whether the issue is a few inches or a few feet, taking legal action now helps avoid bigger problems later.

📞 Dealing With a Fence Encroachment?

Contact Guerra Days Law Group today. We’ll help you assert your boundary rights and protect your land under Texas real estate law.