Ownership, boundary, title, access and land use disputes sometimes are an unfortunate consequence of owning property in Texas. Whether the land was purchased, inherited, or awarded in a divorce, there are many circumstances that give rise to disagreements about the ownership and use of real property. With so many reasons for property disputes, it is best to hire a knowledgeable attorney that has the experience necessary to help you navigate through the complexities of real estate disagreements.
What are some of the most common types of property disputes?
Adverse possession
Adverse possession often may develop when someone has been using part of a neighboring property for an extended period of time. After the passage of time, they may make a legal claim to that part of the land.
Trespass
If someone steps foot onto someone else’s property and has not been authorized to do so, this can constitute a trespass. If there has been damage that occurred as a result of the trespass, the property owner will need to show that they own the land and that the defendant voluntarily entered the property without authorization.
Partition
A partition is a legal mechanism designed to divide real property between joint owners. A joint owner or a claimant of an interest in real property may bring an action to partition the property or interest in a district court of a county in which any portion of the property is located.
Encroachment
Good fences may make good neighbors, but when a fence is in the wrong place it certainly can cause angst between neighboring property owners. Encroachment is similar to trespass, but as opposed to a person, encroachment refers to an object. It is not limited to fences, but can also involve trees, vegetation, homes or outbuildings.
Do you need help with a property dispute?
While most property disputes can be settled without litigation, it is important to work with an attorney experienced in these types of conflicts. If you or someone you know needs assistance in navigating through one of these or any other property related issues, please schedule a meeting with one of our attorneys today.