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Texas Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure

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A "boundary line" is a legal term that refers to the area that a plot of land covers. It is generally determined by using either a property surveyor or GPS technology. The description of your boundary lines can usually be found in the property's recorded title.
A boundary line agreement is signed between two property owners. The purpose is to makes it easier for either party to sell their property without any fuss over the boundaries. The terms include location of the boundary line, property details and the parties involved.

Title: Understanding the Texas Boundary Line Agreement and Its Types for Encroachment of Fence, Driveway, or Structure Introduction: The state of Texas has specific laws and regulations in place to address boundary disputes that involve the encroachment of various structures, such as fences, driveways, or buildings. This article aims to provide a detailed description of the Texas Boundary Line Agreement, including its importance, process, and the types available for resolving encroachment issues. Keywords: Texas Boundary Line Agreement, encroachment, fence, driveway, structure. 1. Importance and Purpose of the Texas Boundary Line Agreement: The Texas Boundary Line Agreement serves as a legal resolution mechanism for neighboring property owners who face encroachment issues related to fences, driveways, or structures. It establishes clear boundaries and minimizes conflicts, enabling property owners to coexist peacefully. The agreement helps protect property rights and simplifies the resolution process by avoiding the need for costly court proceedings. Keywords: Property owners, resolution mechanism, encroachment issues, property rights, court proceedings. 2. Process of Initiating a Texas Boundary Line Agreement: To initiate a Texas Boundary Line Agreement, property owners involved in an encroachment issue must follow a set procedure. Firstly, both parties must agree to negotiate and reach a mutually acceptable resolution. Typically, this involves conducting thorough surveys, reviewing original surveys, and examining property deeds. Once an agreement is reached, it must be documented in writing and signed by both parties. Keywords: Negotiation, surveys, property deeds, written agreement, signed, resolution. 3. Types of Texas Boundary Line Agreements for Encroachment Issues: a) Fence Encroachment Agreement: In cases where a fence has been erected beyond a property's boundary line, a Fence Encroachment Agreement is utilized. This agreement establishes the correct boundary line, specifies the actions necessary to rectify the issue, and arranges for any required modifications or removals of fences. It may also outline the responsibility for any cost sharing related to the encroachment resolution. Keywords: Fence, boundary line, issue rectification, modification, removal, cost sharing. b) Driveway Encroachment Agreement: When a driveway extends onto a neighboring property, a Driveway Encroachment Agreement is pursued. This agreement defines the correct boundary line, determines the extent of the encroachment, and outlines necessary actions to resolve the issue. It may address issues related to modifications, access rights, and maintenance responsibilities for the driveway encroachment. Keywords: Driveway, neighboring property, boundary line, encroachment extent, modification, access rights, maintenance responsibilities. c) Structure Encroachment Agreement: For cases involving structures that have been built beyond property boundaries, a Structure Encroachment Agreement is used. This agreement establishes the accurate boundary line, identifies the dimensions and impact of the encroachment, and determines the appropriate actions to resolve the issue, such as modification, relocation, or demolition of the structure. Keywords: Structure, property boundaries, accurate boundary line, encroachment dimensions, modification, relocation, demolition. Conclusion: The Texas Boundary Line Agreement is a crucial legal tool for property owners facing encroachment issues regarding fences, driveways, or structures. By engaging in negotiations and reaching a mutually acceptable agreement, neighboring landowners can maintain harmonious relationships and protect their property rights. With various types of agreements available, including Fence Encroachment, Driveway Encroachment, and Structure Encroachment agreements, property owners can efficiently resolve these disputes while avoiding costly and time-consuming legal battles. Keywords: Encroachment disputes, harmonious relationships, property rights, legal battles, negotiation, types of agreements.

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Encroachment ExamplesUnlawfully entering, trespassing, or walking through a neighbor's property without first receiving permission.Building a fence that goes past your own property line and into your neighbor's.Possessing a tree or hedge that has branches that cross between property lines.More items...

The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.

The boundary is an inherent part of a property's legal description, which is the specific geographic description of a parcel of land that is used to identify it for legal transactions involving it. An ambiguous legal description or boundary can cause title to be unmarketable.

A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground.

There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.

Texas does not have a specific state law that addresses boundary line fences.

Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

Write the LetterDescribe the violation.Explain that you are giving the neighbor notice that she needs to remove the encroaching structure.If relevant, mention other solutions such as selling the land or giving the neighbor permission to use the encroached-upon area.More items...?

A unit of real estate or immovable property is limited by a legal boundary (sometimes also referred to as a property line or a lot line).

What Can I Do About An Encroachment?Talk To Your Neighbor. Your neighbor may be willing to move whatever is on your property over to theirs if it's easily moveable, like a garden.Sell The Land To Your Neighbor.Go To Court.

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09-Sept-2021 ? In this lesson, you'll learn about some special issues that involveof encroachments include fences, garages, driveways, landscaping, ... Once you've reached an agreement, both of you can sign a deed that details the perimeters of the land. You should work with an attorney to sign the deed, which ...22-Jun-2021 ? Welch claimed she had a prescriptive easement and/or was entitled to prevail under the legal theory of adverse possession. ADVERSE POSSESSION. Buying or selling lakefront property with an encroachment on the lake.refers to building a fence or extending a structure beyond one's property line. 14-Feb-2018 ? But fortunately, most boundary and encroachment disputes never havethe small strip of land on which the fence or structure encroaches. 25-Feb-2019 ? Real Estate and Boundary Disputes. What should I do if a neighbor's structure encroaches my property? As the saying goes, fences make great ... 22-Mar-2019 ? neighbors discussing boundary dispute at fence · Boundary Disputes in Texas · Trespassing · Encroachment · Adverse Possession · Declaratory Judgment. 25-Nov-2020 ? If you need a survey of your property or help in locating the land records for your property, let a real estate lawyer help you. CALL us! Do I Need to Hire a Lawyer to Help Resolve My Encroachment Issue? ? In order to prevent any future disputes from occurring, it may be in that ... Encroachment happens when a property owner violates the rights of his neighbor by building on or extending a structure to the neighbor's land or property.

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Texas Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure