A disagreement about a fence, driveway or access route can affect the daily use and value of your property. Before moving a structure, blocking access or agreeing to a boundary, it is important to understand the ownership documents and the rights being claimed.
Harrell & Paulson helps property owners evaluate boundary, access and other real-property disputes in North Texas.
Boundary lines and encroachments
A fence or improvement may not follow the deeded boundary. Relevant evidence can include deeds, recorded plats, easement documents, surveys, historical photographs and the circumstances surrounding the use of the land.
A long-standing fence does not, by itself, establish that ownership has changed. Claims based on adverse possession or other title theories involve legal requirements and proof beyond the age of a fence. A survey is important evidence, but the underlying title issues may require further analysis.
Driveways, gates and easement rights
Access disputes often turn on whether a right exists, where it is located and how it may be used. An express easement’s language, the relevant property records and the history of use can matter.
The fact that someone has used a route for years does not answer every question about ownership, permission or legal access. Likewise, owning the land under a route does not necessarily mean the owner may disregard an enforceable easement.
Trespass, damage and ongoing interference
A property case may involve unauthorized entry, damage to improvements or an ongoing obstruction. Depending on the claim and evidence, available relief may include damages, a determination of rights or an injunction.
Court relief is not automatic. The appropriate procedure depends on the disputed interest, the urgency and what can be proven. Avoid self-help measures that may escalate the conflict or violate someone else’s rights.
Start with the records
Have your deed, survey, title-policy materials, relevant recorded documents and photographs available. Prepare a chronology identifying when the disputed use or construction began and what communications occurred. Preserve existing markers and conditions rather than changing the site before obtaining advice.
Discuss the dispute before taking the next step
Call (972) 932-4412 to request a consultation. Let the office know about threatened construction, a blocked route, a scheduled hearing or another issue requiring prompt attention.