Texas Real Estate Sales Agent ExamProperty OwnershipMedium
A homeowner in a Texas subdivision discovers that their neighbor has built a new fence that extends 2 feet onto their property. The homeowner has evidence from a recent survey confirming the encroachment. What is the most appropriate initial course of action for the homeowner?
- AImmediately remove the encroaching portion of the fence.
- BFile a lawsuit for adverse possession.
- CDiscuss the issue with the neighbor and present the survey evidence.
- DContact the local zoning authority to report a violation.
Show answer & explanationAnswer & explanation
Correct answer: C. Discuss the issue with the neighbor and present the survey evidence.
The most appropriate initial step for an encroachment is to attempt to resolve the issue amicably with the neighbor, backed by survey evidence. Legal action or self-help measures should be a last resort.
Why the other options are wrong
- A. Self-help measures can lead to legal disputes and potential liability.
- B. Adverse possession is a claim to ownership over time, not the immediate solution for an existing encroachment.
- D. Zoning authorities regulate land use, not boundary disputes between private parties.
Encroachment
An unauthorized intrusion of a building, fence, or other improvement onto a neighbor's property.
- Requires a survey to confirm.
- Can lead to legal disputes if not resolved.
- May impact title and insurability of the property.
Memory trick: Disputes are Difficult; Discuss, Document, Decide Legally.