Protecting Your Property Rights Across Texas: 1031 Exchanges, Easements & Boundary Agreements (Part 3)
Some Texas real estate matters go well beyond a standard purchase and sale. Investors deferring capital gains through a 1031 exchange, neighbors negotiating access across each other's land, and property owners discovering their fence isn't where they thought it was all need a different kind of legal guidance — one that understands both the transactional and the dispute side of real estate law.
This is Part 3 of Protecting Your Property Rights Across Texas, a series from the real estate attorneys at Allen Bryson Lamar, PLLC. Here we cover three of the more specialized matters our clients bring us: 1031 exchanges, easements and boundary agreements, and the real estate contracts that tie it all together.
1031 Like-Kind Exchanges
A 1031 exchange (named for Section 1031 of the Internal Revenue Code) allows an owner of investment or business-use real estate to sell a property and reinvest the proceeds into a "like-kind" replacement property while deferring federal capital gains tax on the sale. For Texas investors — who already benefit from no state income tax — a properly structured exchange can be one of the most effective wealth-building tools available.
The tax deferral comes with strict, unforgiving deadlines:
45 days from the sale of the relinquished property to formally identify potential replacement properties in writing
180 days from the sale to close on the replacement property (or the investor's tax filing deadline, if earlier)
The proceeds from the sale must be held by a qualified intermediary — the investor cannot take possession of the funds at any point, or the exchange is disqualified
Because these deadlines run from the closing date of the relinquished property regardless of weekends or holidays, and because the qualified intermediary arrangement must be in place before the first closing, we work with investors, their CPAs, and their intermediaries early — ideally before the relinquished property is even listed — to make sure the structure is sound.
Easements & Boundary Agreements
Few things create tension between neighbors — or between a landowner and a utility, pipeline, or road authority — like a dispute over who can use what portion of a piece of land. We handle:
Drafting and negotiating easements for access, utilities, drainage, and shared driveways
Reviewing easements presented by pipeline, transmission, or utility companies before a landowner signs
Boundary line agreements between adjacent owners, often paired with a new survey
Encroachment disputes involving fences, structures, or improvements built across a property line
Claims involving adverse possession, where Texas law (Civil Practice & Remedies Code Chapter 16) allows a person who has openly and continuously used land as their own for a statutory period — three, five, ten, or twenty-five years, depending on the circumstances — to potentially acquire title to it
Boundary and easement disputes are unusual in that they often can't simply be walked away from — the properties are neighbors permanently, so a durable, well-drafted resolution matters more than in almost any other kind of real estate dispute.
Real Estate Contracts
Every transaction, exchange, easement, or boundary resolution ultimately comes down to a contract, and a contract is only as good as its drafting. We prepare and negotiate purchase and sale agreements, option contracts, right-of-first-refusal agreements, joint venture and co-ownership agreements, and the ancillary documents (assignments, estoppel certificates, subordination agreements) that make complex transactions actually close.
Complex Deals Need Attorneys Who Handle Both Sides
What sets these matters apart is that they combine transactional planning with a real risk of future litigation — a poorly drafted easement or a rushed 1031 identification can turn into a lawsuit years later. Our attorneys handle both the transactional structuring and, when needed, the litigation that follows, which means the advice we give at the drafting stage is shaped by what we've seen go wrong in the courtroom.
Allen Bryson Lamar, PLLC advises Texas property owners and investors on 1031 exchanges, easements, boundary agreements, and complex real estate contracts. If your transaction doesn't fit neatly into a standard purchase agreement, our team can help you structure it correctly from the start.
Previous in this series: Title & Due Diligence: Protecting Your Investment Before You Close
Next in this series: Real Estate Litigation & Construction Defects: When Disputes Require a Fight
Get Help With Your Texas Property Today
Contact Allen Bryson Lamar, PLLC to speak with a Texas real estate attorney about a 1031 exchange, easement, or boundary matter.
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