Why “It’s Been This Way for Years” Is a Red Flag in Texas CRE

"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

Why “It’s Been This Way for Years” Is a Red Flag in Commercial Deals

If you spend enough time in Texas commercial real estate, you’ll hear this phrase eventually:

“It’s been that way for years.”

It might be said about a fence, a driveway, a parking lot, or even a building. And while it often sounds reassuring, it’s actually one of the biggest red flags a buyer can hear.

Time doesn’t make problems disappear

Just because something has existed for years doesn’t mean it’s correct, legal, or protected.

Encroachments don’t expire.
Easements don’t vanish.
Boundary lines don’t shift because everyone got used to them.

A survey doesn’t care how long something’s been there — it only cares where it actually belongs.

Why these issues usually go unnoticed

Many long-standing survey issues survive because:

• The property hasn’t changed hands

• No one tried to refinance

• No new permits were pulled

• Neighbors never challenged it

But the moment a deal, redevelopment, or loan enters the picture, those “old” issues suddenly become very current.

When “historic” becomes expensive

Problems that have existed for years often cost more to fix because:

• They involve established improvements

• Neighbors feel entitled to the space

• Cities enforce modern codes, not old assumptions

• Legal remedies become more complex

What might have been easy to address years ago can become a negotiation nightmare today.

Surveys separate tradition from truth

A commercial land survey answers the uncomfortable but necessary questions:

• Does that driveway actually sit on the property?

• Is that fence in the right place?

• Is shared access legally documented?

• Are improvements built within setbacks?

Those answers matter far more than how long something has “worked.”

Bottom line

Longevity doesn’t equal legality.

If someone tells you, “It’s been that way for years,” the next step shouldn’t be reassurance — it should be a survey.

At South Texas Surveying, we help Texas commercial buyers look past assumptions and understand the real condition of a property before those long-standing issues become costly surprises.