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Encroachment happens when someone traverses boundaries outlined in a survey, violating the property rights of another property owner. Encroaching on someone else's property is akin to trespassingthat is, entering another person's grounds without their express permission.
You must show legal evidence in order to refute a surveyor's findings. If after discussing the problem with the surveyor you still feel it has not been resolved to your satisfaction, there are other avenues that may be pursued. You can hire a land surveyor of your own choice to perform a separate boundary survey.
Boundaries can also be changed by a boundary agreement between previous owners. If the boundary line cannot be agreed on the basis of what you can see in the deeds, you and your neighbour may want to consider agreeing to jointly appoint a chartered land surveyor.
Traditionally, the surveyor's role in boundary disputes is to assist a court by interpreting onto an accurate plan the position of the "paper title boundary" (the boundary described in the deed that divided the vendor's land), and to support that interpretation with an expert report and with oral evidence given in
Under the Texas Agricultural Code, a person may not remove a fence in which the person is a joint owner or a fence that is attached to a fence controlled by another person, without giving a 6-month notice of the intent to remove the fence in writing.
(a) Any person who knowingly injures, destroys, disturbs or removes any marker properly placed on any tract of land or street or highway line by a surveyor, or by any person at the direction of a surveyor, for the purpose of designating any point, course or line in the boundary of such tract of land, street or highway,
Fencing Laws in Texas Texas case law states that while property owners have no obligation to build a fence on the border of their property, if neighbors agree to jointly maintain such a fence, this agreement is legally binding.
How to Amend Property LinesTalk to your neighbor to see if she will allow you to purchase enough additional property to move the boundary line to the desired location.Enter into a boundary line agreement.File a court action to establish the property boundaries.More items...
Hopefully, our approach can help you settle your dispute with ease.Step #1: Recognize the Dispute. The first step towards resolving a property boundary problem is knowing it exists.Step #2: Kindly Approach Your Neighbor.Step #3: Talk with a Lawyer.Step #4: Pursue Mediation.Step #5: File a Lawsuit.
What are the 4 types of boundary disputes?Plot line & party wall disputes.Fence, landscaping and outbuilding disputes.Access disputes.Adverse possession claims.