An encroachment occurs when a neighbor builds a structure—such as a fence, driveway, or retaining wall—that crosses over your property line. While it may seem like a minor inconvenience, an encroachment can create "unmarketable title," making it difficult to sell your property or secure a loan until the issue is legally resolved.
The Keller Firm represents Texas property owners in encroachment litigation, seeking practical solutions or aggressive injunctive relief to remove unauthorized structures.
Is This You?
- A neighbor's new construction (shed, garage, or pool) extends onto your land.
- You discovered a survey discrepancy that shows a longstanding structure is actually on your property.
- An encroachment is stalling a pending real estate sale.
- A neighbor refuses to remove a fence that you know is on the wrong side of the property line.
- You are being accused of encroaching on someone else's land and need a declaratory judgment.
Potential Legal Remedies for Encroachment
When an encroachment issue arises, several legal options may be available under Texas law, depending on the specific facts:
- Injunctive Relief: A court may order removal or modification of a structure that extends onto another property.
- Damages for Loss of Use: In some cases, a property owner may seek compensation for the impact on their ability to use the affected portion of land.
- Easement Agreements: In some cases, it may be more practical to negotiate a formal easement or a "license to remain" rather than engaging in full-scale litigation.
Why Act Now?
Ignoring encroachment can be risky. Over time, an encroachment may ripen into an adverse possession claim or a prescriptive easement, effectively giving your neighbor legal rights to your land. If a survey has revealed a violation of your property lines, speaking with a Texas Real Estate attorney is the first step toward protecting your land and your home's value.
Common Questions About Encroachment
Q: What is a "License to Encroach"?
A: This is a legal agreement where you grant a neighbor temporary permission for their structure (like a driveway or shed) to remain on your land. It protects your property rights by proving the use is not hostile, preventing a future adverse possession claim.
Q: Can I force my neighbor to tear down a building that is on my land?
A: Yes, through a court-ordered mandatory injunction. Texas courts can order the removal of structures that violate your property lines, though the court will often weigh the cost of removal against the severity of the encroachment.
Q: What is a "Prescriptive Easement"?
A: This is similar to adverse possession, but instead of gaining ownership of the land, the neighbor gains a permanent legal right to use a portion of your land (like a path or a driveway).