"Texas, often referred to as the Lone Star State, is a thriving hub for economic growth and innovation, making it an attractive destination for commercial real estate investment." - Chris Evans

Addressing Property Overlap in Texas Commercial Investments

Property encroachment can create significant challenges for commercial property investors in Texas. Whether it involves neighboring structures crossing boundary lines or disputes over easements, encroachment can delay development, increase costs, and even lead to legal battles. Fortunately, professional land surveys offer a proven solution to identify, resolve, and prevent property encroachment issues before they impact investments.

What Is Property Encroachment?

Property encroachment occurs when a structure, building, or improvement intrudes onto another property owner’s land. Encroachments can be minor, such as fences extending past property lines, or significant, like portions of buildings overlapping adjacent properties. For commercial investors, these issues can:

• Complicate land transactions

• Delay construction or renovations

• Trigger costly legal disputes

By addressing encroachments early, investors can mitigate risks and protect the value of their assets.

Common Causes of Property Encroachment

Understanding the causes of encroachment helps commercial investors proactively avoid or resolve these problems:

Boundary Misunderstandings
Property boundaries may not always be clearly defined, leading to accidental encroachments during construction or improvements.

Outdated or Inaccurate Surveys
Older land surveys may lack precision or fail to reflect changes in property lines due to subdivisions, road expansions, or legal adjustments.

Easement Confusion
Misunderstanding legal easements—such as access roads, drainage, or utilities—can cause structures or developments to encroach onto restricted land.

Neighboring Property Improvements
Fences, driveways, or other structures installed by neighboring property owners without proper surveys can inadvertently cross boundaries.

How Professional Surveys Resolve Encroachment Issues

For Texas commercial investors, land surveys are essential for identifying and addressing encroachment issues. Professional surveyors use advanced tools and techniques to deliver accurate property data. Here’s how land surveys provide solutions:

1. Boundary Surveys
A boundary survey accurately identifies property lines, corners, and dimensions. By clarifying legal boundaries, investors can address existing encroachments and prevent future disputes.

2. ALTA/NSPS Land Title Surveys
These detailed surveys are often required for commercial real estate transactions. They provide comprehensive information on property boundaries, easements, encroachments, and improvements, ensuring investors have a clear understanding of the land’s status.

3. Topographic Surveys
Topographic surveys map out the site’s natural and man-made features. This helps investors identify encroachments caused by terrain changes, landscaping, or structures.

4. Construction Staking
Surveyors use construction staking to mark precise locations for buildings, fences, and other improvements. This ensures developments stay within legal property boundaries during construction.

5. Encroachment Reports
Professional surveyors can prepare detailed encroachment reports that document the exact location, extent, and impact of encroachments. These reports serve as critical evidence for negotiations or legal proceedings.

Preventing Encroachment in Future Investments

Proactively preventing property encroachment is essential for commercial investors looking to protect their projects and avoid costly disputes. Here are steps to minimize encroachment risks:

• Conduct a Pre-Purchase Survey: Always obtain an up-to-date boundary or ALTA survey before purchasing commercial land to confirm property lines and identify potential encroachments.

• Work with Experienced Surveyors: Partnering with professional surveyors ensures you receive accurate, reliable property data to guide development and avoid encroachment.

• Communicate with Neighbors: Maintaining open communication with neighboring property owners can help resolve boundary concerns before they escalate into disputes.

• Regular Property Inspections: Periodic inspections ensure neighboring developments or changes do not encroach on your commercial property.

Legal Solutions for Property Encroachment

In cases where property encroachment has already occurred, Texas commercial investors have legal options to resolve the issue:

Negotiation and Agreements
Many encroachment disputes can be resolved through negotiation. Solutions include easement agreements, boundary adjustments, or financial compensation for the affected property owner.

Litigation
If negotiations fail, legal action may be necessary to resolve significant encroachments. Professional surveys serve as critical evidence in court to support your case.

Removal of Encroachments
In some cases, courts may order the removal of encroaching structures or improvements, ensuring property lines are respected.

Why Commercial Investors in Texas Need Reliable Surveys

Texas’ growing commercial real estate market presents immense opportunities, but it also requires careful due diligence to avoid property disputes. Land surveys offer invaluable support by:

• Providing clarity on property boundaries

• Identifying encroachments early

• Preventing legal conflicts

• Ensuring compliance with zoning and easement regulations

At South Texas Surveying, we specialize in providing precise and reliable surveys for commercial investors. Our team uses advanced technology to deliver boundary surveys, ALTA/NSPS surveys, and detailed encroachment reports to safeguard your investments.

Resolving property encroachment is a crucial step for Texas commercial investors looking to protect their assets and ensure smooth development. Professional land surveys provide the clarity and solutions needed to identify and address encroachments effectively. By partnering with experienced surveyors, investors can minimize risks, avoid disputes, and maintain the integrity of their properties.

At South Texas Surveying, we are committed to helping commercial investors navigate property challenges with confidence. Contact us today to schedule a survey and take the first step toward securing your investment.