Key Steps to Resolving Boundary Disputes Between Neighbors
June 19, 2025
Whether it’s a fence built in the wrong spot, a driveway encroaching on your land, or disagreements over easements, boundary issues deserve serious attention.
Texas property law provides clear rules about how boundaries are defined and what remedies are available when disputes arise. But if you’re facing this situation, the legal side is only part of the story. Emotions tend to run high in property disputes, especially when people feel their land or privacy is being threatened.
At The Law Office of Aaron Fonseca, I often hear from property owners across Texas who are involved in boundary disputes with their neighbors. These issues can stir up frustration and strain relationships, even in otherwise peaceful neighborhoods.
Resolving a boundary issue often requires a balanced approach: one grounded in legal rights, but also focused on practical outcomes. I’ll explain the key steps to resolving boundary disputes between neighbors under Texas law and offer advice based on years of real-world experience handling these cases.
Why Boundary Disputes Happen
Most boundary disputes begin with confusion—not bad faith. Property lines might not match up with what’s shown on a fence, driveway, or building. Someone may have relied on a decades-old survey or assumed the current use reflected the true boundary.
In some cases, issues arise after a sale, when a new owner takes a closer look at where the legal lines actually fall.
Under Texas property law, the legal boundary is defined by your deed, which includes a description of the property you own. But problems arise when the actual use of the land doesn’t match the legal description—or when that description is unclear or disputed.
How Texas Property Law Handles Boundaries
In Texas, boundary disputes often involve one or more of the following legal concepts:
Adverse possession: A party who occupies land openly and continuously for a certain number of years without the owner's permission may be able to claim ownership under this doctrine.
Easements: These are rights to use someone else’s land for a limited purpose—such as access or utilities. Disputes sometimes arise over whether an easement exists, and if so, where it’s located.
Encroachments: When a structure (like a fence or garage) extends beyond the boundary line and onto a neighbor’s land, it may be considered an encroachment.
Quiet title actions: This legal process is used to settle ownership questions and remove any uncertainty from public records.
These areas of property law can seem overwhelming at first, but the key is to begin with facts: what the legal documents say, what the land records show, and how the property has been used over time.
Steps to Resolve a Boundary Dispute
Here’s how I typically guide my clients through the process of resolving a boundary dispute:
Review your deed and property records: Start by looking at your deed and any title documents. These records describe the metes and bounds of your land and may include information about easements or prior disputes.
Get a professional survey: Hire a licensed land surveyor to conduct an updated survey of your property. This can provide a precise visual of where the legal lines fall in relation to fences, buildings, or driveways.
Document any discrepancies: Take photographs, measurements, and notes showing where you believe the encroachment or issue exists. Keep all correspondence with your neighbor civil and in writing.
Review local ordinances and restrictions: Some cities and homeowners’ associations have their own rules about fences, setbacks, and easements. These May impact how the dispute should be handled.
Try to resolve the issue informally: Before taking legal action, I usually recommend talking to your neighbor once you have clear evidence. Many disputes can be settled through discussion, especially when both sides see the facts.
Consider mediation or a settlement agreement: If informal discussion doesn’t work, mediation can help you and your neighbor reach a formal agreement. This keeps the matter out of court and can result in written terms that clarify boundaries or responsibilities.
Seek legal advice before taking formal action: If you can’t resolve the dispute informally, consult a property law attorney. A quiet title action, injunction, or lawsuit May be needed to protect your rights or remove any legal uncertainty.
It’s important to approach these disputes with a methodical, evidence-based mindset. Following the steps above is key.
Why Good Fences Don’t Always Make Good Neighbors
There’s a saying that “good fences make good neighbors,” but that assumes the fence is built in the right place. In many disputes I handle, the problem started when one party constructed a fence or improvement that crossed the property line—either by mistake or assumption.
Under Texas property law, building a fence on someone else’s land—even by a few inches—can lead to legal consequences. The true owner may be entitled to removal, damages, or in rare cases, ownership transfer through adverse possession if the structure has been there long enough and certain conditions are met.
That’s why I always recommend checking survey data before building anything near a boundary. Once built, a structure can cause years of tension—and legal fees—if it crosses the line.
Easements and Shared Access
Another common source of conflict in property law involves shared access. Maybe your driveway partially runs over your neighbor’s land, or their utility lines cut through your backyard. If this access was never formalized in writing, you might end up in a dispute about whether it’s allowed.
Texas law recognizes both written easements and implied ones that arise from historical use. Determining whether an easement exists and what its boundaries are can involve reviewing decades-old records, past deeds, and land use patterns.
In some cases, I help clients negotiate formal easement agreements with their neighbors. This can be a smart way to avoid future problems while still honoring long-standing arrangements.
When Litigation Becomes Necessary
Not every boundary dispute can be resolved peacefully. If your neighbor refuses to acknowledge the correct boundary or won’t remove an encroachment, you may need to go to court.
In those situations, I prepare a lawsuit based on the specific issue—such as trespass, quiet title, or injunctive relief. The court will look at the legal title, survey evidence, and any conduct by the parties that might affect ownership claims.
I always try to resolve matters out of court if possible. But when litigation is the only path forward, it’s important to present a clear case based on solid property law principles and accurate facts.
The Risk of Doing Nothing
Some people choose to ignore a boundary issue because they want to avoid conflict. But under Texas law, waiting too long can hurt your rights. If a neighbor openly uses or builds on your land and you don’t take action, they may eventually gain legal rights through doctrines like adverse possession.
Even if no one ends up in court, unresolved boundary questions can hurt your ability to sell the property, get insurance, or refinance. Buyers want clean title, and lenders want clear records. That’s why I tell clients it’s better to address disputes early, before they get worse.
Contact an Experienced Property Law Attorney
At The Law Office of Aaron Fonseca, I don’t just apply property law—I use it to solve real problems for real people. I’m proud to serve Edinburg, Texas, and the surrounding areas of McAllen, Mission, and the Rio Grande Valley. Call today.