Published on January 5, 2025

Encroachments are a frequent source of real estate disputes in Texas. They occur when someone builds a structure that physically crosses onto a neighboring property. Whether it’s a fence, driveway, shed, or portion of a building, an encroachment can create serious legal problems if not addressed properly. In this post, we’ll explain what an encroachment is, how it can affect your property rights, and what options are available to resolve it under Texas law.

What Counts as an Encroachment?

An encroachment happens when a structure, improvement, or other physical object from one property crosses the legal boundary line and intrudes onto another property. Common examples include:

  • A fence built several feet over the boundary line
  • A driveway or sidewalk poured over adjoining land
  • A garage or building that slightly crosses the boundary
  • Tree limbs or roots that damage neighboring property

Encroachments can be unintentional (e.g., a mistake in measuring or interpreting a survey) or intentional. Either way, they can result in a dispute between neighbors that may require legal action to resolve.

Why Encroachments Matter

Encroachments can affect property owners in several ways:

  • Loss of Use: You may not be able to use a portion of your land.
  • Decreased Value: Encroachments can negatively impact your property’s marketability or appraisal.
  • Title Issues: A buyer or lender may hesitate to proceed with a transaction if there’s an unresolved encroachment.
  • Liability: You could be held responsible for structures that encroach onto someone else’s land, or for damage caused by trees or drainage changes.

How to Confirm an Encroachment

If you suspect an encroachment, the first step is to obtain a current professional survey of your property. This will establish your property’s legal boundaries and identify any intrusions. Title insurance policies may also include a survey exception noting previous encroachments.

Legal Remedies for Encroachments in Texas

If an encroachment is confirmed, here are your options:

1. Mutual Agreement

Many neighbors resolve encroachments informally through negotiation. You might agree to move the structure, enter into a boundary agreement, or grant a license allowing the encroachment to remain temporarily.

2. Demand Letter

If informal efforts fail, your attorney can send a demand letter requesting removal or resolution. This letter may include legal grounds and deadlines to avoid litigation.

3. Injunction or Removal Lawsuit

You may file a lawsuit seeking an injunction—a court order requiring the neighbor to remove the encroachment. Courts may also award damages for loss of use, especially if the encroachment is intentional or harmful.

4. Declaratory Judgment

In some cases, you may ask the court to formally declare property boundaries or resolve a dispute over who owns a particular strip of land.

5. Adverse Possession

In rare cases, a long-standing encroachment may lead to a claim of adverse possession if certain conditions are met (such as open and notorious use for 10+ years). This can transfer ownership of the encroached land if the claim is successful.

Defending Against Encroachment Claims

If you’re accused of encroaching on someone’s property, you have defenses. You may show that:

  • You relied on an inaccurate but professional survey
  • The structure was present before current owners took title
  • The true boundary line is different from what is claimed

In some cases, it may be possible to purchase a strip of land or negotiate a boundary line adjustment to avoid court proceedings.

Preventing Encroachments

When buying or developing land, always:

  • Obtain a recent survey
  • Consult with a real estate attorney before construction
  • Respect setbacks, zoning regulations, and utility easements

Proactive steps can help you avoid costly litigation later on.

Guerra Days Law Group Can Help

Our team regularly helps Texas property owners resolve boundary and encroachment disputes. Whether you need help enforcing your rights or negotiating a resolution, we provide aggressive representation and strategic advice tailored to your situation.

Contact Guerra Days Law Group today if you’re facing an encroachment issue. We’re here to protect your property rights.