How to Resolve Boundary and Easement Disputes in Bexar County

Property disputes are a common source of tension between neighbors in Bexar County. Two of the most common issues that lead to conflict are boundary disputes and easement disagreements. These disagreements can arise over fences, driveways, utility access, or unclear property lines. If not resolved quickly and properly, these disputes can escalate into costly legal battles.

This guide outlines how San Antonio homeowners, landowners, and developers can resolve these issues with the help of a real estate lawyer.

Understanding Boundary Disputes

A boundary dispute occurs when two property owners disagree about where one person’s land ends and the other’s begins. These issues often surface when one party builds a fence, structure, or driveway that the neighbor believes encroaches on their property.

Common Causes of Boundary Disputes in Bexar County

Unclear legal descriptions in deeds

Fences or landscaping installed in the wrong location

Survey errors or outdated plats

Encroachments that occurred over time without objection

Adverse possession claims by a neighbor

Before emotions take over or neighbors start removing fences, it’s critical to take a step-by-step approach that protects your rights and promotes resolution.

How to Resolve a Boundary Dispute

Review Your Property Records

The first step is to review your deed and property plat to understand the legal boundaries described. These documents are typically available through the Bexar County Clerk’s Office or your title company.

Hire a Licensed Surveyor

If the boundaries are unclear or if either party disputes the lines, a professional survey is essential. The surveyor will use historical records and on-the-ground markers to determine the legal boundaries.

Document the Encroachment

Take photographs and keep written records of any encroachments or activities that cross into your property. Documentation will be useful if the matter escalates to mediation or court.

Attempt to Resolve the Issue Informally

In many cases, neighbors can resolve the matter by discussing the survey results and coming to an agreement. If both parties are willing, a written boundary line agreement can be signed and recorded with the county.

Involve a San Antonio Real Estate Lawyer

If informal negotiations fail, a San Antonio real estate lawyer can help you enforce your property rights. The attorney can send a formal demand letter, draft a boundary agreement, or prepare for litigation if necessary.

File a Quiet Title or Trespass to Try Title Action

If the boundary is still disputed, you may need to file a quiet title action or a “trespass to try title” lawsuit in a Texas court. These legal actions are designed to clarify and enforce ownership rights to land.

What Is an Easement?

An easement is a legal right to use another person’s land for a specific purpose. Easements are common in both residential and commercial properties. For example, a utility company might have an easement to install and maintain power lines, or a homeowner may have a driveway easement across a neighbor’s land to access their property.

Easement disputes can arise when:

The terms of the easement are unclear

The property owner obstructs the use of the easement

The easement is overused or expanded beyond its original purpose

The easement was never properly recorded

Types of Easements in Texas

Understanding the type of easement in dispute can help determine how to resolve the issue:

Express Easement – Created by a written agreement or deed

Implied Easement – Inferred from longstanding use or necessity

Prescriptive Easement – Acquired through continuous, open use over time (similar to adverse possession)

Easement by Necessity – Created when a landlocked property requires access

How to Resolve an Easement Dispute

Identify the Easement Type and Terms

Begin by reviewing the recorded documents to determine if the easement was formally created. A San Antonio real estate lawyer can help you interpret deed language and clarify the scope of the easement.

Understand Your Rights and Obligations

Easements come with legal responsibilities. For instance, the easement holder cannot expand the use beyond what was originally granted. Likewise, the landowner cannot unreasonably block access to a valid easement.

Send a Formal Notice

If the other party is violating the terms of the easement, your lawyer may send a cease-and-desist or demand letter. This letter will outline your legal position and request compliance.

Negotiate a Modified Easement Agreement

In some cases, the parties may agree to relocate or modify the easement through a written agreement. This new agreement must be recorded with the county to be legally enforceable.

File Suit for Declaratory Judgment or Injunction

If negotiation fails, legal action may be necessary. You can ask a court to issue a declaratory judgment confirming your rights or seek an injunction to prevent continued misuse or obstruction of the easement.

Why Legal Help Is Essential

Both boundary and easement disputes require an in-depth understanding of Texas property law, real estate documents, and civil procedure. Without legal guidance, homeowners risk making costly mistakes or giving up rights unknowingly.

A San Antonio real estate lawyer will:

Analyze title and survey records

Draft or negotiate boundary and easement agreements

Represent you in mediation, arbitration, or litigation

Help record resolutions with the county to avoid future disputes

Preventing Future Disputes

Once resolved, you can take steps to prevent boundary or easement issues in the future:

Record all agreements with the Bexar County Clerk’s Office

Install permanent survey markers after boundary clarification

Consult an attorney before granting or accepting an easement

Ensure your property disclosures are accurate when selling your home

Final Thoughts

Disputes over property boundaries and easements can be stressful and disruptive—but they don’t have to result in years of conflict or expensive lawsuits. By working with a qualified San Antonio real estate lawyer, you can resolve the issue efficiently and preserve your property rights.

Whether you’re facing an encroachment, a disputed right-of-way, or a neighbor threatening legal action, Baker Law Group, PLLC is here to help. Contact us today for a consultation and protect what’s yours.