"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

What Is a Property Encroachment—and How Can a Survey Help Fix It?

It starts with something small: a fence, a shed, a driveway poured a little too close to the edge. But those little things? They can turn into big legal problems if they cross the line—literally.

In Texas, where land is valuable and boundaries matter, property encroachments are more common than people think. Whether you're buying, selling, building, or simply protecting your space, the best way to spot and resolve an encroachment is with a professional land survey.

Let’s break down what encroachments are, why they matter, and how to handle them before they derail your property plans.

What Is a Property Encroachment?

An encroachment occurs when a structure, improvement, or use extends beyond its legal property line and into a neighboring lot. It can be accidental—or not—but either way, it’s a problem.

Common Examples:

• A fence that crosses the boundary line

• A neighbor’s driveway or garage partially on your land

• Trees, retaining walls, or landscaping that interfere with property lines

• Utility lines, pipes, or drainage systems crossing without an easement

Why Encroachments Matter in Texas

In Texas, property rights are fiercely protected. Even minor encroachments can:

• Spark legal disputes between neighbors

• Delay or prevent real estate transactions

• Cause lenders or title companies to withhold funding or insurance

• Lead to lawsuits or forced removal of structures

• Complicate permitting for renovations, additions, or new builds

You might think a few inches don’t matter—until they show up on a survey report and bring your project or closing to a grinding halt.

How a Land Survey Identifies Encroachments

A professional boundary survey or ALTA/NSPS survey clearly defines:

• The legal property lines

• Where all permanent structures sit in relation to those lines

• Any overlaps, conflicts, or violations of setback laws

• Easements that may allow or restrict certain uses

The surveyor flags potential encroachments so they can be addressed before they become a larger problem.

What Happens If You Discover an Encroachment?

Here’s what to do if a survey reveals an issue:

1. Talk to the Neighbor

Many encroachments are unintentional. Open communication can sometimes resolve things amicably.

2. Create a Legal Agreement

You may be able to record an easement or license agreement allowing the structure to remain without transferring ownership.

3. Adjust the Property Line

A replat or lot line adjustment may legally change the boundaries—but it requires municipal approval and legal documentation.

4. Remove or Relocate the Encroachment

In some cases, the only option is to remove the offending structure or feature.

South Texas Surveying can connect you with title companies, attorneys, and local authorities to help resolve these issues legally and efficiently.

When Should You Get a Survey?

You definitely need a survey when:

• You're buying or selling property

• You're installing a fence, pool, or garage

• A neighbor has built something close to your property line

• You suspect your land is being used without permission

Even if there’s no visible problem, a survey gives you peace of mind and legal proof of what’s yours.

South Texas Surveying: Defining Boundaries, Preventing Headaches

We help homeowners, buyers, and developers across Houston, The Woodlands, Conroe, and Montgomery County identify and resolve encroachment issues before they turn into lawsuits.

Our services include:

• Boundary surveys

• ALTA/NSPS land title surveys

• Replats and legal lot adjustments

• Construction staking for fence and building placements

Don’t wait until it’s a problem—get a survey, get clarity, and protect your property.