What Is a Property Encroachment? How Surveys Help You Fix It
"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.
