Property Boundries and Fences
Fences are important. They mark our property, they give us privacy, they keep our pets and animals where they are supposed to be. When fences fail due to damage, are not kept up, or even exist on your property when they are supposed to be on the property line, you have a fencing issue. Fencing issues are some of the most contested legal issues between neighbors because it is not just that the fence exists, but the events around the fence that cause people to become upset with one another. Fencing issues sometimes require a third party to examine all the issues with the fence and help make the situation correct for all the parties. Sometimes fencing issues require litigation. Here you need an experienced attorney to promote your property rights and be able to make a cogent case to protect your assets.
In our practice, common fence disputes include disagreements over who must pay for repairs, claims that a neighbor moved the fence to gain extra land, or allegations that a new fence violates Dallas or HOA height and design restrictions. We review your survey, subdivision plat, and any relevant HOA rules to determine what the law allows and what a court is likely to order. When appropriate, we help you propose written fence or boundary line agreements that can be signed and recorded so everyone understands their responsibilities going forward.
Because emotions often run high in neighbor disputes, we also discuss with you how different strategies might affect your day-to-day life and your ability to sell the property later. A real estate attorney in Dallas can help you weigh whether to pursue a negotiated solution, participate in mediation, or ask a judge to decide questions about the true boundary line and the cost of moving or rebuilding a fence. Taking a thoughtful approach at the start can reduce long-term conflict, expense, and stress for you and your family.
What Happenes When Your Neighbor Damages Your Property?
Property damage by your neighbor is a relatively rare event. However, when it does occur, most offending neighbors want to make amends and fix the damage so that everyone can live peacefully together. Then there is the other end of the spectrum: neighbors who intentionally damage your property out of spite, anger, or simply a personality issue—they do not like you or your family. Regardless of the reason, you need an attorney to sort out your best resolution. Sometimes, but generally not, this involves law enforcement. For the most part, you will require a litigation attorney to help you get an accurate statement of the damage, present the events in a manner that a court can understand why it should rule on your damages, and finally collect from the neighbors when you have a judgment against them. You specifically will need a real estate litigation attorney if your neighbor accuses you and sues you for damaging their property when that was not the case at all.
You buy a home and you may or may not have signed the “as is” statement, meaning you have purchased the home in its exact condition and accept it. However, defects that were not disclosed to you and may have been known to the previous homeowner are cause for a lawsuit—particularly when there are misstatements as to square footage, mineral rights, or other major issues with the property such as known zoning violations.
When a neighbor causes damage, we help you document the condition of your property through photos, repair estimates, and, when helpful, expert reports so a court in Dallas County or Collin County can understand the full extent of the loss. Depending on the facts, your claim may involve trespass, nuisance, or negligence theories as well as requests for an injunction to stop ongoing harmful conduct. We also explain how your homeowner’s insurance may apply and whether it makes sense to involve an adjuster, pursue a claim directly against the neighbor, or do both.
For buyers facing undisclosed defects after closing, we examine the sales contract, seller’s disclosure, inspection reports, and communications with the seller and agents to evaluate possible claims. A real estate lawyer Dallas homebuyers trust can advise you on potential remedies such as repair costs, diminution in value, or, in rare cases, rescission of the sale. We also walk you through the impact of any arbitration clauses, notice requirements, or limitations periods in your contract so that you do not miss critical deadlines while you attempt to work things out informally.
Pursing Justice Against Out of Control Contractors
Contractors who do not complete repairs, or who provide faulty repairs, are the bane of a homeowner. Contractors can threaten your house with a mechanic’s lien that could lead to foreclosure of your home. Here you need litigators with a strong background in not allowing contractors to bully you, and we hold them to account for their work orders and contracts. We are not afraid to file suit immediately against unscrupulous contractors, especially those in the pool service and build industry that prey on homeowners during the summer season.
In Texas, contractor disputes can involve both contract law and specific statutes that govern mechanic’s liens, so it is important to understand your rights before you pay the final invoice or sign any release. We review your written agreement, change orders, and payment history to determine whether the contractor complied with their obligations and whether any lien they filed was done correctly. When necessary, we file actions to remove invalid liens from the property records in Dallas County or Collin County so you can refinance or sell your home without being held hostage by an unfair claim.
We also help you evaluate practical options such as demanding corrective work, negotiating a reduced price, or pursuing damages for the cost to hire a new contractor. A real estate attorney can coordinate with engineers, inspectors, or other construction professionals to document how poor workmanship or code violations have affected your home. By approaching the problem methodically, we aim to put you in the strongest position possible—whether that means negotiating a reasonable settlement or presenting your case in court.
Understanding HOAs and Real Estate Law
When you purchase your home in an HOA-controlled area, you sign a document giving the HOA significant rights over your home. This document, called the Declarations and Covenants, states that you have read the HOA rules and will abide by them, including paying their fees. HOA boards run the spectrum between amazing and overbearing. We hold HOA boards to the strict letter of the statute, and if there exists a discrepancy in how the HOA has determined any fines, or if the HOA neglects its duties to repair common areas between homes, you need litigators who will challenge them to obey their own bylaws and the Texas Property Code.
If you are not sure what your sales contract means, particularly if it is a non-standard contract between yourself and the seller, you need independent attorney review of the terms and conditions. An ounce of prevention can avoid major headaches down the way.
Situations can occur where you may not have clear title to the property, or the title has what is deemed a “cloud” by the title company, and you need attorneys to investigate and, if necessary, bring the matter to the court in a suit to quiet title so that what you have either purchased or inherited becomes your property.
**Common HOA and title issues we frequently see include:**
- Disputed fines or assessments where the homeowner questions how charges were calculated or whether proper notice was given.
- Architectural control disagreements over exterior changes, additions, or landscaping that an HOA board refuses to approve.
- Maintenance and repair conflicts involving common walls, roofs, or shared utilities between townhomes or condominiums.
- Clouded or unclear title due to old liens, probate questions, or errors in prior deeds that delay a planned sale or refinance.
HOA disputes in the Dallas area often involve questions about architectural control, parking and towing policies, short-term rentals, and the association’s power to impose fines or foreclose for unpaid assessments. We review your declaration, bylaws, and relevant amendments to determine whether the board followed the procedures required by the Texas Property Code and its own governing documents. If the HOA has overstepped, we can help you pursue relief ranging from informal resolution with the board to formal challenges in court.
For owners who are simply trying to understand proposed amendments or new rules, a real estate attorney in Dallas can explain how the changes may affect your ability to use or improve your property. We also assist with disputes over access to association records, meeting notices, and election procedures so you can hold your board accountable while staying within the law. By clarifying your rights and obligations up front, we help you decide when to push back, when to comply, and when a negotiated compromise will best protect your investment.
Premesis Liability and Real Estate Law
When a person becomes injured on your land, you may be liable for that injury. However, there are many issues to determine whether you are liable or not. Homeowners are sued daily by people who claim injury on the land but are looking to make quick money by relying on your fear that you may have done something wrong. Here you need experienced litigators who have heard all these stories and are able to cut through the truth and lies, protecting you in the process. Sprigg-Novak Law Firm has many successes in defending homeowners against these claims.
In evaluating a premises liability claim, we look at why the injured person was on the property, what condition allegedly caused the injury, and whether you had notice of that condition under Texas law. We work with you to gather incident reports, photographs, maintenance records, and witness statements that show what really happened. When appropriate, we coordinate with your insurance carrier to be sure any defense the company provides in a Dallas County or Collin County lawsuit aligns with your goals and protects your long-term interests as a property owner.
We also advise homeowners and landlords on proactive steps that can reduce the risk of future claims, such as clarifying maintenance responsibilities in leases, documenting regular inspections of common areas, and making reasonable repairs when hazards are identified. A real estate lawyer can explain how Texas premises liability standards apply to different situations, from slip-and-fall incidents to alleged criminal activity by third parties. With that guidance, you can make informed decisions about safety measures, insurance coverage, and how to respond if someone is injured on your property.
Frequently Asked Questions
When Should I Contact a Lawyer About a Real Estate Contract Issue?
You should reach out as soon as you see something in the contract you do not understand or as soon as a dispute arises over deadlines, repairs, or financing. Addressing problems early gives you more options and can prevent a default or lawsuit in Dallas County or Collin County courts. Waiting until after closing or after a deal has collapsed often makes the situation more expensive and harder to fix.
What Documents Should I Gather Before My First Meeting?
It is helpful to bring the purchase or lease agreement, any amendments, inspection reports, seller’s disclosures, closing statements, and emails or texts related to the issue. If the dispute involves a neighbor or HOA, bring letters, notices, and photographs that show the problem. Having these materials ready allows a real estate attorney to quickly spot key legal issues and give you more focused guidance during the initial consultation.
Can Real Estate Disputes Be Resolved Without Going to Trial?
Many real estate conflicts are resolved through negotiation, informal settlement talks, or mediation rather than a full trial. Courts in the Dallas area often encourage parties to attempt alternative dispute resolution before setting a case for final hearing. Whether that makes sense for you depends on the strength of your claims, the other side’s willingness to compromise, and your goals for timing and cost, all of which can be discussed at the outset.
Our Approach: Clear Advice, Practical Options
We focus on making the process easier, not more complicated. After reviewing your documents and goals, we will explain your options in plain language and help you choose next steps that protect you while keeping your transaction on track.
If you’re buying or selling a home in Dallas and want a careful legal review before problems arise, contact Sprigg-Novak Law Firm, PLLC to schedule a consultation.
