Have you ever been in a dispute with a neighbor? Most of us have, and more often than not, it’s over small stuff like noise complaints, unkempt lawns, blocking driveways with trailers, and leaving Christmas lights up well into July. Thankfully, these and other issues are often resolved quickly and rarely result in legal action. But what if your argument has to do with boundary disputes?
Perhaps the neighbor next door built an oversized pergola or storage shed that now encroaches on your property.
Maybe neither of you is sure where the property line actually is.
Most of us don’t think about boundary disputes as a potential sticking point between neighbors, regardless of whether we recently bought a property or have been in the same home for 25 years. But these and many other real estate issues are very common in Texas and can be more complicated than your garden-variety shouting matches across the hedges. What starts as a small matter can quickly devolve into a complex legal battle where both parties genuinely believe they are in the right.
If you find yourself caught up in a boundary dispute, knowing which type of dispute exists is the best place to start.
Common Types of Boundary Disputes
Though not an exhaustive list, most boundary disputes fall into these categories:
Property line disputes
These types of disputes are related to the boundary lines that separate your property from the one next door. You’d think these lines are clearly drawn on lot surveys, but sometimes, one or both surveys don’t match reality and can lead to a variety of arguments.
Access issues
With many properties, neighbors who live next to each other share a common driveway or pathway. As a result, one neighbor might believe they have access to the entire driveway. In contrast, the other believes their access has been impeded and that the driveway or pathway should be divided by property boundaries.
Fence, landscaping, or structure disputes
These boundary disputes are exactly what they sound like. Perhaps you built a fence, added ornate landscaping, or constructed a storage shed, and the neighbor says it is now crossing the boundary line. This is similar to a lot line dispute, except that you both have the additional challenge of figuring out what to do with the new structure.
Christman | Daniell Attorneys, has extensive experience in all areas of real estate law. We represent buyers and sellers in commercial and residential real estate contracts, assist parties in negotiating contracts, advise clients on title and property matters, and represent residential and commercial real estate developers.
We also litigate disputes, including boundary disputes, contested appraisals, suits arising from breach of contract, condemnation proceedings, failure to close, title defects, breach of warranty, construction defects, liens, foreclosure, adverse possession, condemnation, and recording issues.
Please call Christman | Daniell Attorneys, for your legal needs today!
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys, believe in tailoring legal advice and solutions to your own personal circumstances.
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