Martin v. Amerman

In this case we must decide whether a trespass-to-try-title action is the exclusive means to resolve a dispute between neighbors over the proper location of a boundary line separating their properties, or whether a declaratory judgment action is also an appropriate way. We hold that the Texas trespass-to-try-title statute governs the parties’ substantive rights in this boundary dispute and that they may not proceed under the Texas Declaratory Judgments Act to recover attorney’s fees. Accordingly, we affirm the court of appeals’ judgment. 83 S.W.3d 858.

I

This dispute involves locating the…