One of the reasons title companies make this exception is that the neighbour`s use of the property may have, among other things, become a detrimental right to property or to normative relief. As a general rule, title companies will remove the exception when they have a boundary line agreement between the owners of the two properties, in which both parties agree that the border line is the line indicated in the investigation and not the fence line. Since it may take some time for the border line agreement to be concluded and executed by the neighbour, a real estate lawyer should be responsible for preparing the agreement as soon as the border issue is identified, as well as verifying the remainder of the title, survey and HOA documents. Especially in older divisions, it is not uncommon for fence lines and sometimes even parts of improvements, such as driveways and garages, to have been placed or built on a demarcation line between two lots. Many people fear that such an intervention, if left out, could lead to “unfavourable possession” in which the intruder owner could claim ownership of some of his neighbour`s property. On the other hand, a major intervention could have a negative effect on an owner`s ability to sell his property if he is subjected to a neighbour`s intervention. These issues are often resolved by mutual agreement through a border agreement. As part of such an agreement, the parties recognize the true boundary between the land and the penetrating owner frees up all rights to the land strip that has intervened. In return, the “intrusive” owner allows the intervention to continue as long as it is not affected. As soon as a problem arises (for example. B a potential buyer`s objection to the border line agreement), the penetrating owner agrees to withdraw the intervention at his own expense. A common dispute between neighbours is who owns and who is responsible for the maintenance of the fence between their properties. Texas does not have a special national law that deals with border barriers.
Cities or landlord associations will often try to resolve issues such as the height of fences, but in the event of a property or maintenance dispute, these must often be settled in court if neighbours do not reach an agreement on their own.