Property Disputes Between Neighbors: Legal Remedies and Solutions
Disputes between neighbors can begin with a simple disagreement—a tree leaning too far over a fence, a shared driveway becoming blocked, or a disagreement about a boundary line. But when those issues grow, they can have lasting effects on property values, peace of mind, and neighborly relationships.
Property disputes can feel personal because they touch where we live and what we own. They are also legal issues that often fall under civil litigation when informal solutions no longer work. Whether it’s a question of trespass, fencing, or property lines, resolving these matters requires a clear understanding of property law and the available legal remedies.
At Garcia & Ramires, PLLC, we help clients in the greater Dallas-Fort Worth area work through these challenges using legal strategies grounded in civil litigation. Here, we take a look at some of the common types of property disputes between neighbors and how civil litigation provides structured paths toward resolution.
Common Types of Property Disputes Between Neighbors
Property disputes often stem from misunderstandings, unclear property records, or actions taken without agreement. While the situations may vary, they tend to fall into specific categories that are familiar within civil litigation. Some common issues include:
Boundary disputes: These occur when neighbors disagree on where the property line lies. They’re often the result of outdated surveys or unclear legal descriptions in deeds.
Encroachments: This happens when one party builds or places something that crosses onto another’s property, like a fence, shed, or driveway extension.
Easement conflicts: Easements grant someone the right to use part of another’s property for a specific purpose, like access to a road or utilities. Disputes arise when that use becomes burdensome or is challenged.
Nuisance claims: These involve complaints that a neighbor’s actions interfere with someone’s enjoyment of their property, such as loud noises, foul odors, or unsightly debris.
Overhanging trees or roots: Trees that grow across property lines or drop debris onto another’s yard can trigger disputes, especially if they cause damage.
Shared fences and walls: Fences built on or near boundary lines can spark disagreements over placement, cost-sharing, or responsibility for maintenance.
Water drainage problems: Improper grading or landscaping alterations that alter water flow can lead to damage and disputes over responsibility.
These conflicts, though common, often escalate when neighbors can’t agree or when one party refuses to cooperate. That’s when legal solutions become an option.
Initial Steps Before Taking Legal Action
Before jumping into civil litigation, it’s usually worth taking preliminary steps to resolve the dispute through direct communication or informal agreements. Many disagreements can be resolved without going to court. Some reasonable steps you should consider taking include:
Engage in open communication: A calm, respectful conversation can often clarify misunderstandings before they grow.
Review property records and surveys: Comparing deeds, plats, and previous surveys can confirm what’s legally accurate.
Hire a professional surveyor: If boundaries are in question, a new survey can provide up-to-date, precise measurements.
Propose written agreements: These documents, signed by both parties, can resolve issues like fence maintenance or shared driveways without formal litigation.
If these efforts don’t lead to a resolution, we can move forward with civil litigation options that put the dispute in the hands of the legal system.
When to Turn to Civil Litigation
There comes a point in many disputes where conversation and negotiation aren’t enough. If one neighbor refuses to respect boundaries, encroaches on property, or continues to interfere with the use of land, legal action becomes necessary. That’s where civil litigation plays a key role.
Civil litigation offers a formal way to present evidence, request relief, and obtain enforceable court decisions. In property disputes, the relief we request may include removing structures, awarding damages, or issuing court orders to stop certain behaviors.
Common Civil Litigation Remedies in Property Disputes
Courts provide several legal remedies when handling neighbor disputes. The proper remedy depends on the type of conflict and how it has affected property use. Some typical remedies available through civil litigation include:
Injunctions: A court order requiring a neighbor to stop a specific action, like blocking an easement or continuing construction on disputed land.
Declaratory judgments: A court can officially determine the legal boundaries of a property or the rights attached to an easement.
Damages: Financial compensation may be awarded if one neighbor’s actions caused property damage or economic loss.
Ejectment or removal: Courts can order the removal of encroachments like fences, sheds, or driveways that cross property lines.
Quiet title actions: These lawsuits help resolve disputes over ownership and can clear up any confusion related to overlapping claims or unclear deeds.
If you decide to pursue civil litigation, work with an experienced attorney who can help you build a case on strong documentation, witness statements, and legal property records. This approach can show how the neighbor’s actions have interfered with your rights as a property owner.
Gather Evidence That Supports Your Claim
A strong property dispute case depends heavily on evidence. To succeed in civil litigation, you must be able to demonstrate that your legal rights have been violated and that there’s a clear record of the resulting damage or conflict. Some common types of effective evidence include:
Deeds and legal descriptions: These documents help define the legal boundaries and any easements in place.
Surveys and maps: Professional surveys carry weight in court, particularly when boundaries are disputed.
Photographs or videos: Visual documentation of encroachments, damage, or nuisance conditions can support a claim.
Correspondence or notices: Letters, texts, or emails attempting to resolve the dispute show that reasonable steps were taken before filing suit.
Witness statements: Testimony from neighbors or contractors can support claims of interference or damage.
Invoices or repair estimates: These provide clear records of financial harm caused by a neighbor’s actions.
Every piece of evidence adds to the strength of your case and can make a difference in how the court views the dispute.
Alternative Dispute Resolution Options
While civil litigation is sometimes necessary, not every case needs to be decided in court. In some situations, we may recommend resolving a property dispute through alternative means, especially if both parties are open to discussion. Some common alternative dispute resolution (ADR) options include:
Mediation: A neutral third party helps both sides reach a mutually acceptable agreement. This is often faster and less expensive than litigation.
Arbitration: Unlike mediation, the arbitrator issues a binding decision based on the facts presented. This option can be quicker than court, but still legally enforceable.
Settlement negotiations: Through letters or meetings, we can negotiate directly with the other party’s lawyer to resolve the dispute before filing a lawsuit.
ADR methods can preserve neighbor relationships and often offer more flexibility in crafting customized agreements. However, if ADR fails, we’re always prepared to take the case to court through civil litigation.
Speak to a Civil Litigation Lawyer Today
Resolving a property dispute, whether through court or settlement, can be challenging, but you don't have to go through it alone. If you’re facing a dispute with a neighbor over property lines, structures, or land use, work with an experienced attorney who can help you develop practical legal solutions to prevent conflicts from resurfacing or affecting future sales.
At Garcia & Ramires, PLLC, our attorneys are ready to help. With offices in Arlington, Fort Worth, and Dallas, Texas, we assist clients throughout the greater Dallas-Fort Worth area, including Tarrant, Ellis, Johnson, Rockwall, Collin County, and Denton County. Reach out to us today to schedule a consultation and discuss your civil litigation options.
