A survey, a deed, and a title insurance policy are supposed to describe the same property. When they do not agree, boundary, easement, and ownership disputes can follow, sometimes years after closing.
Why they can disagree
Old legal descriptions, errors in a prior deed, fences that were never placed on the true line, undisclosed easements, and surveys done at different times can all produce conflicts. A fence is not necessarily the boundary, and a deed description is not always easy to match to what is on the ground.
What buyers should do
Order a current survey rather than relying on an old one.
Compare the survey with the legal description in the deed and the title commitment.
Ask the title company about every exception listed in the commitment.
Raise discrepancies before closing, while you still have leverage.
What current owners should do
If a neighbor questions the boundary, do not ignore it. Collect your deed, prior surveys, title policy, and photographs. Avoid building or moving fences until the question is understood. Depending on the facts, options can include negotiation, a corrected instrument, a title claim, or litigation.
Boundary disputes are easier to resolve early. A careful review of the documents often shows where the real problem began and who may be responsible.
Davila Cobos Law Firm, PLLC represents clients in San Antonio and Laredo. Learn more about our real estate litigation lawyer services, or contact the firm to discuss your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different, so talk to a Texas attorney about yours.
