Land encroachments are often complex issues that can be confusing to Texas property owners. If you’re not sure how to handle these situations, they can get even stickier. If you’ve just discovered that your neighbor’s fence is on your property, use the following tips from your professional land surveyors to deal with the land encroachment.
Consult an attorney
Laws regarding land encroachment in Texas are complex. Court decisions are often hard to understand and sort through to determine property owner rights and how to proceed. Consult an attorney who is familiar with property laws in your area and is experienced with real estate cases. This professional will be able to review the situation and determine the best course of legal action you should take, if any.
Consider letting it go
Ask yourself some key questions before you decide to dispute a land encroachment in Texas. Is the fence in your way? Will the fence prevent improvements you need to make on your property? Are you on good terms with your neighbor? The answers to these questions should help you determine how to proceed.
Typically, the value of the property that has experienced land encroachment in Texas is very small. Decide if it’s worth the effort and potential strained relations with your neighbor to pursue the issue.
Create an easement or license
Consult with your attorney about creating an easement or license. This can protect your ownership of the land without removing the fence. It allows another party to use your land for a specific purpose (in this case, to have a fence). This may be a good solution that keeps all parties involved happy and on good terms. However, it may not be necessary to take this step, so be sure to ask your attorney for advice.
Change the boundaries
Another option is to create new boundaries for your property. You and your neighbor may be able to mutually agree on where makes the most sense for each of your properties to end and begin. Your real estate lawyer can help you draw up new deeds that re-establish the property lines. With this option, there will be no land encroachment in the future or easement issues to deal with, should you ever decide to sell your Texas property or pass it on to heirs.
Get a second survey
If you are not confident in your surveyor’s results, you can always get a second opinion. Contact a local surveying company to complete another survey to see if they get the same results. If they don’t, you may not have an issue after all. If they do, you will have extra proof that you’re dealing with a land encroachment in Texas.
To help settle your land encroachment in Texas, contact the professionals at D.G. Smyth & Co., Inc. Since 1977, our licensed experts have been providing professional, official and dependable land surveying services to property owners throughout Texas. We offer a full range of survey services to meet all your needs. Reach our team today at 830-591-0858 to get started.