🏡 Understanding Survey Issues (Encroachments, Easements, Setbacks) in Texas

🏡 Understanding Survey Issues (Encroachments, Easements, Setbacks) in Texas

When you're buying a home in Texas—especially in fast-growing areas like Frisco, Prosper, Celina, McKinney, Plano, and Little Elm—the survey is one of the most important documents you will receive.

It shows you:

✔️ Your exact property boundaries

✔️ Where the home sits on the lot

✔️ Whether anything crosses over the property line

✔️ Utility easements that affect how you can use the land

✔️ Setbacks that control where improvements can be placed

Survey issues can impact pools, patios, fences, additions, and even whether closing can happen.

When I represent buyers, I review every inch of the survey with you so you understand exactly what you're buying.


1. What Exactly Is a Survey?

A survey is a legal drawing showing:

✔️ Lot boundaries

✔️ Property dimensions

✔️ Fence lines

✔️ Sidewalks and driveways

✔️ House footprint

✔️ Easements

✔️ Setback lines

✔️ Encroachments

Texas surveys typically include:

  • Metes and bounds descriptions (measurements)

  • North directional arrow

  • Scale

  • Lot and block numbers

  • Subdivision name

I walk you through the survey so you know how to interpret each part.


2. Easements — The Most Common Survey Issue

An easement allows someone else to use part of your land for a specific purpose.

Common easements in North Texas:

✔️ Utility easements (most common)

✔️ Drainage easements

✔️ Sidewalk easements

✔️ Electric pole access

✔️ Water/sewer easements

✔️ HOA-maintained easements

✔️ Shared driveway easements

Why easements matter:

You often cannot build on top of them.
This affects:

  • Pool placement

  • Patio extensions

  • Storage sheds

  • Pergolas

  • Retaining walls

I help you determine what future improvements are allowed—and what aren’t.


3. Encroachments — The Issues That Can Delay or Kill a Deal

An encroachment is when part of a structure crosses a property line or easement.

Examples:

❌ A neighbor’s fence crosses your line

❌ Your driveway extends into their lot

❌ A shed sits in an easement

❌ The seller’s patio crosses the setback

❌ A roof overhang extends past the boundary

Encroachments can create:

  • Liability issues

  • Ownership disputes

  • Title insurance exceptions

  • Delays in funding

  • Mandatory repairs

When an encroachment appears, I coordinate with:

✔️ Title

✔️ The listing agent

✔️ The surveyor

✔️ Possibly the city

…to determine whether the issue is acceptable or needs to be corrected before closing.


4. Setback Lines — Hidden Rules That Affect What You Can Build

Setbacks are invisible lines you cannot build beyond.

Typical North Texas setbacks:

✔️ 20–25 ft front setback

✔️ 5–10 ft side setback

✔️ 10–20 ft rear setback

Violating a setback means:

❌ No pool

❌ No covered patio extension

❌ No room additions

❌ No garage extension

Most buyers don’t realize how restrictive these can be.

I help you understand setback rules before you spend money on renovations.


5. Who Is Responsible for Fixing Survey Issues?

It depends on the problem:

✔️ Seller responsibility:

  • Incorrect fence lines

  • Encroachments caused by the seller

  • Illegal structures

  • Unpermitted additions

  • Sheds built into setbacks

  • Concrete poured into easements

✔️ Buyer responsibility:

  • Future improvements

  • Choosing where to place a pool or patio

  • Long-term planning

  • Optional upgrades

✔️ Title responsibility:

  • Reviewing and clearing survey-related title issues

I facilitate communication between all parties to get clear answers quickly.


6. When Survey Problems Allow Buyers to Terminate

You can terminate (and get your earnest money back) if:

✔️ The survey reveals a new material defect

✔️ Title rejects the survey

✔️ Seller’s T-47 is inaccurate

✔️ Encroachments violate city code

✔️ Issues cannot be corrected in time

✔️ Easements make the property unsuitable for buyer’s intended use (case-specific)

This is why reviewing the survey early is important.


7. Survey Issues That Are Usually Not Deal-Killers

Some survey notes are completely normal:

✔️ Fences slightly inside the property line

✔️ Driveway sharing easements

✔️ Standard utility easements

✔️ Minimal roof overhang

✔️ Sidewalk easements

I help you distinguish between “normal” and “problematic.”


8. Why T-47 Accuracy Matters

If the seller provides an existing survey, they must also provide a T-47 affidavit confirming:

✔️ No structural changes have been made

✔️ No new improvements violate boundaries

✔️ The survey is still accurate

If the T-47 is inaccurate:

✔️ Buyer can terminate

or

✔️ Seller must provide a new survey

I verify T-47 accuracy for you.


9. Survey Issues Common in North Texas New Construction

Newer subdivisions often have:

✔️ Wide drainage easements

✔️ HOA landscape easements

✔️ Utility boxes in backyards

✔️ Shared fencing agreements

✔️ Required access pathways

✔️ Tight side setbacks

These can severely limit pool placement.
Before buying, I make sure you understand future improvement potential.


10. How I Review Surveys With My Clients

I go through the survey with you and point out:

✔️ All boundary lines

✔️ All easements

✔️ Any encroachments

✔️ Setback restrictions

✔️ Surveyor notes

✔️ Potential future issues

✔️ Any red flags for title

You’ll know exactly what you’re buying—before you buy it.


11. My Rule of Thumb

If you want to add a pool, patio, or extension in Texas—study the survey BEFORE you buy.

I help you evaluate the property with future improvements in mind.


Bottom Line: Survey Issues Matter—A Lot

Your survey affects:

✔️ What you can build

✔️ How you use your yard

✔️ Title insurance

✔️ Closing timeline

✔️ Future resale value

When I represent you, I make sure you understand:

✔️ Every easement

✔️ Every setback

✔️ Every encroachment

✔️ Every line on the survey

You’ll never be blindsided by a survey issue.


Want a Realtor Who Reviews Surveys Like a Pro?

If you want a smooth, well-protected buying experience in North Texas, I’d love to help.

CLICK HERE to Connect With Me

📞 Call or Text: (254) 644-5297✉️ Email Me

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