The adage "Good fences make good neighbors" is true for a lot of folks. There are some neighbors, however, who do not respect property lines. Depending on the sort of infringement, you have options when a neighbor unlawfully encroaches on your property.

Real property is defined by invisible lines known as property lines or boundary lines. A property deed specifies them, letting you know where your property ends and where your neighbors' begins.

There are many ways that property line disputes can develop. Storms might bring down a tree onto your neighbor's property, or your neighbor might build a shed or a fence that crosses the property line.

Encroachment and trespassing are the two main types of property line conflicts. Property line disputes will come under one of these categories.

Encroachment:

By erecting a structure or extending a feature, one property owner is said to be encroaching on their neighbor's property. Simple encroachment includes allowing tree branches to extend into your neighbor's yard or constructing a fence that encroaches onto your land.

Encroachment can quickly go from being a non-issue to being a major problem. It can cause liabilities, property damage, and difficulties in selling the property.

Encroachment may develop into an easement over time, granting them legal access to your property.

Trespassing:

At its most fundamental level, trespassing is the deliberate occupation of someone else's property. You might have visions of "No Trespassing" signs. These warnings contribute to the idea that you cannot trespass, even unintentionally. You should be aware that it is neither public property or your property.

A trespasser may assert ownership rights over the property under the legal theory of adverse possession. A trespasser may lawfully acquire property rights if all of the following conditions are satisfied - the possession must be:

1) hostile (without permission of the true owner);

2) actual (trespasser has actual control over the property);

3) exclusive (the trespasser has sole possession);

4) open and notorious (openly and with hiding their use of the property as if the trespasser is the true owner); and

5) continuous for a statutory period (in Texas, for example, 10 years is the default period for adverse possession).

Statutory periods may be shorter under special circumstances, including i) if there is written proof of legal title, such as an original registered deed – albeit mistaken – giving the adverse possessor title to the property after three (3) years, or ii) if the adverse possessor pays the property taxes, enjoys and uses the land and has documented proof of title, giving the adverse possessor title to the property after five (5) years.

Settling Property Line Disputes:

There are several ways to approach settling property line disputes.

Have a conversation with your neighbor:

The first step is to talk to your neighbor, whether it is before new construction, taking down a tree, or a pre-existing encroachment that has not be previously discussed. Having open and clear communication can avoid downstream problems. You might not need to take further action if you reach a personal agreement.

If there is any disagreement, consult with your neighbor about amicable solutions. Resolving the issue outside of court can save a time and money.

Compare Deeds:

If you do not come to any solution, a first step is to know exactly where the boundaries are between the properties. One way is to compare deed copies. The wording in the deeds will tell you where the property lines are.

Obtain a New Survey:

If the property lines are not clearly defined in the deeds, another method is to obtain a new survey from a land surveyor. They will come to your property and carefully measure the perimeter to determine its boundaries. They provide you with an exact map of your property using advanced equipment.

It is a good idea to obtain a land survey if you or your neighbor want to build an addition, a new building or a fence. This will ensure that the new structure sits on the correct plot of land.

Any property boundary dispute can be resolved with a land survey. A land survey will be admissible as proof in court, and land surveyors serve as legal arbiters. A precise depiction of your property limits might help you and your neighbor avoid awkward or contentious conversations.

Hire a Lawyer:

Retaining legal counsel is a good next step when any property line dispute escalates. Indeed, attorneys may be a necessary reality when neighbors are uncooperative and refuse to take part in a peaceful resolution.

To get to a resolution, lawyers can leverage all the tools of the legal system, including sending your neighbor a cease-and-desist letter to stop your neighbor’s actions or behaviors, or bringing a lawsuit on your behalf. The attorney will prepare a factual and legal account of your dispute with your neighbor and may make suggested actions you can take to demonstrate your ownership of the land.

Final Thoughts:

Conflicts involving land ownership can cause some of the most contentious issues between neighbors. However, these disagreements can be resolved in a variety of ways. Amicable solutions can help you maintain a good relationship with your neighbor.

Leveraging tools, such as land surveys and title searches, can quickly assist in ending boundary disputes. When these tools cannot facilitate a solution, an attorney can assist in resolving the conflict through legal action. Although this approach is more invasive, it may be the only option to quiet any disagreement, particularly if you want to protect your property.

Please feel free to reach out to the author discuss if you have any questions. ken@tribecagroupdfw.com | 202.256.9332

Good Fences Make Good Neighbors – What To Do If a Neighbor Crosses the Line