Key points
- The scope of an express easement is defined by its written terms. Expanding the use beyond them can be enjoined.
- Texas courts disfavor prescriptive easements and apply the requirements strictly.
- Boundary disputes turn on survey evidence and the priority of calls in the deeds: natural monuments, then artificial monuments, then courses, then distances, then quantity.
- A declaratory judgment can resolve a boundary dispute, and attorney’s fees are available in that context.
Easement disputes we handle
- Blocked access: gates, fences or obstructions on a road or driveway easement;
- Landlocked property needing an easement by necessity for access;
- Overuse or expansion: an easement holder exceeding the permitted use, width or purpose;
- Utility and pipeline easements: disputes over maintenance, damages and scope;
- Shared driveways and maintenance obligations; and
- Relocation and termination of easements, including abandonment claims.
How easements are created in Texas
| Type | Key requirements |
|---|---|
| Express | A written grant or reservation, usually in a deed or recorded easement agreement. |
| By necessity | Unity of ownership before severance, access was necessary (not merely convenient) when the land was divided, and the necessity continues. |
| By prior use (implied) | Unity of ownership, an apparent and continuous use before severance, and reasonable necessity. |
| Prescriptive | Use that is open, notorious, adverse, continuous and exclusive for at least ten years. Permissive or shared use generally defeats the claim. |
| By estoppel | A representation that an easement exists, relied on by the other party to its detriment. |
Your access was just cut off?
When access to a home or business is blocked, a temporary restraining order may restore it quickly while the dispute is resolved. Call (346) 363-0334.
Boundary and encroachment disputes
Boundary disputes arise from conflicting surveys, old or vague legal descriptions, fences that don’t follow the line, and improvements built over it. We work with licensed surveyors to retrace the original survey and apply Texas priority-of-calls rules, which generally favor natural monuments, then artificial monuments, then courses and distances, and finally quantity of acreage. Related doctrines, including agreed boundaries, acquiescence and adverse possession, can also determine where the line legally sits.
Remedies include a declaratory judgment establishing the boundary, removal of encroachments, damages, and, where appropriate, a negotiated boundary line agreement or easement that lets an existing structure stay.
Resolving disputes without a lawsuit
Many neighbor disputes resolve through a recorded boundary line agreement, an access easement with maintenance terms, or a sale of a small strip of land. We negotiate these solutions when they serve you, and prepare documents that a title company will insure. When negotiation fails, we’re ready to litigate in Harris County district court or wherever the land sits.