Property boundary disputes are one of the most common and frustrating issues homeowners and landowners face in San Antonio. Whether you’ve just bought a new home or have owned the same property for decades, discovering that your neighbor claims part of your land—or that you may have built on theirs—can create serious legal and financial problems.
In this guide, we’ll break down how boundary disputes arise, the legal principles that apply in Texas, and how a real estate attorney San Antonio residents trust can help you resolve the issue with clarity and confidence.
What Is a Property Boundary Dispute?
A property boundary dispute occurs when two or more parties disagree about where the legal lines separating their properties lie. These conflicts can involve fences, driveways, trees, buildings, or other improvements that may cross into neighboring land—intentionally or not.
In San Antonio, boundary disputes often stem from:
- Outdated or inaccurate surveys
- Fences or improvements placed over boundary lines
- Encroachments by neighbors (such as a shed or driveway)
- Unclear or poorly written property descriptions in deeds
- Adverse possession claims (commonly called “squatters’ rights”)
Common Causes of Boundary Disputes in San Antonio
1. Encroachments
Encroachments happen when someone builds a structure that extends beyond their property line onto someone else’s land. This can be as minor as a fence crossing the line or as serious as a portion of a house or driveway.
2. Fence Line Disagreements
Many property owners in San Antonio assume that the existing fence marks the true boundary—but that’s not always the case. Fence lines can shift over time, be built incorrectly, or reflect informal agreements that don’t match legal records.
3. Survey Conflicts
Surveyors use legal descriptions to mark property boundaries. But if two surveys conflict—or if one party didn’t conduct a survey during purchase—disputes can arise about where one property ends and the other begins.
4. Adverse Possession
Under Texas law, a person can claim ownership of land they’ve used openly and without permission for a certain number of years. This is called adverse possession, and while it’s rare, it does happen. If a neighbor has used your land without objection for a long period, they might try to assert legal rights over it.
How Texas Law Treats Boundary Disputes
Texas law emphasizes written documentation and physical evidence when resolving property line disputes. The legal description in your deed, property surveys, and historical use all factor into the outcome.
Important legal concepts that may apply include:
- Adverse possession statutes (Texas Civil Practice & Remedies Code Chapter 16)
- Boundary by agreement
- Prescriptive easements
- Doctrine of acquiescence (where both parties have treated a boundary as valid over time)
It’s important to note that even a long-standing agreement between neighbors may not hold up in court if it contradicts the legal documents. That’s why it’s critical to consult with a real estate attorney San Antonio property owners can rely on for legal guidance.
Steps to Resolve a Property Boundary Dispute
1. Review the Deed and Legal Documents
Start by reviewing the property deed, title report, and any past surveys. These documents will often describe the boundaries using metes and bounds, plat maps, or lot descriptions.
2. Hire a Licensed Land Surveyor
If there’s uncertainty about the boundary, a professional survey can establish the official line. The surveyor will reference property records, physical landmarks, and GPS measurements to mark where the boundaries legally lie.
3. Open a Dialogue With Your Neighbor
In some cases, a conversation may be all it takes to resolve the issue. If the neighbor agrees to move a fence or acknowledges an encroachment, a written agreement (preferably drafted by an attorney) can prevent future disputes.
4. Send a Demand Letter
If informal discussions don’t work, your attorney may send a demand letter outlining the legal claim and requesting corrective action. This step can encourage resolution without going to court.
5. Mediation or Alternative Dispute Resolution
Mediation allows both parties to work with a neutral third party to reach a compromise. This is often faster and less expensive than a full lawsuit.
6. File a Lawsuit if Necessary
When all else fails, your attorney may need to file a quiet title action or trespass to try title lawsuit to resolve the dispute in court. A judge can issue an order that clearly defines the property line and requires one party to remove encroachments or pay damages.
Why You Need a Real Estate Attorney in San Antonio
Property line disputes are more than just neighbor disagreements—they are legal issues with lasting consequences. You could lose part of your land, be forced to move a structure, or face financial penalties. A real estate attorney San Antonio homeowners trust can help you:
- Interpret complex legal documents
- Order or review professional surveys
- Negotiate with opposing parties
- Draft boundary agreements
- Represent you in court, if needed
An experienced attorney will protect your property rights and help you reach a solution that avoids escalating the conflict.
Preventing Future Boundary Disputes
The best way to avoid a boundary dispute is to be proactive:
- Always get a current survey before buying property.
- Review your deed and compare it with the survey map.
- If building fences or structures near a boundary, verify the location with a surveyor.
- Have clear, written agreements if neighbors give each other permission for shared use.
For landowners, developers, or homeowners in San Antonio, the cost of preventive legal advice is far less than the cost of a legal battle later.
When to Contact a San Antonio Real Estate Attorney
If you suspect a boundary issue—or have received notice from a neighbor—you should contact a real estate attorney San Antonio property owners depend on as early as possible.
The longer the dispute goes unresolved, the more complicated and expensive it may become.
At Baker Law Group, we help clients throughout San Antonio understand their property rights, resolve conflicts, and protect their investments. Whether you’re dealing with an encroachment, a title issue, or an adversarial claim, our team is here to help you take action.
Final Thoughts
Boundary disputes can be stressful, but they don’t have to spiral into costly lawsuits. With the right legal support, you can clarify your rights, resolve the issue, and maintain peace with your neighbors.
If you’re facing a boundary disagreement, contact a real estate attorney San Antonio property owners trust. A clear legal strategy today can save you time, money, and stress tomorrow.
Top comments (0)