How Long Is a Surveyor Liable for Errors in Their Work?
By Trey Wilson, Real Estate Attorney | San Antonio, TX
The Short Answer: It Depends on the Legal Claim
Texas law allows a few possible routes to sue a surveyor, and each has its own time limit (known as a “statute of limitations”).In most situations, you’ll have 2 to 4 years to bring suit. Here are some common limitations periods.
- Negligence: 2 years from the date you knew or should have known about the mistake
- Breach of contract: 4 years from the date of breach (if you were the one who hired the surveyor)
- Fraud or misrepresentation: Up to 4 years from discovery in some cases, though fraud is an intentional tort and will not be applicable in most circumstances involving surveyors
- Deceptive Trade Practices Act (DTPA): 2 years from when you discovered, or should have discovered, the error.
What About the Statute of Repose?
In addition to statutes of limitations, Texas law also imposes a statute of repose for claims involving surveyors. Under Texas Civil Practice and Remedies Code Section 16.011 provides that a person must bring a lawsuit against a registered surveyor within 10 years of the date the survey was completed—regardless of when the error is discovered:
Sec. 16.011. SURVEYORS. (a) A person must bring suit for damages arising from an injury or loss caused by an error in a survey conducted by a registered public surveyor or a licensed state land surveyor:
(1) not later than 10 years after the date the survey is completed if the survey is completed on or after September 1, 1989; or
(2) not later than September 1, 1991, or 10 years after the date the survey was completed, whichever is later, if the survey was completed before September 1, 1989.
(b) If the claimant presents a written claim for damages to the surveyor during the 10-year limitations period, the period is extended for two years from the date the claim is presented.
(c) This section is a statute of repose and is independent of any other limitations period.
This is different from a statute of limitations, which starts running when the damage or defect is discovered (or should have been discovered). A statute of repose is a hard deadline that bars claims entirely after a fixed period—usually to give professionals finality and closure after a project ends.
In short, even if a mistake isn’t discovered for years, if 10 years have passed since the survey work was completed, you may be legally barred from filing suit under the statute of repose.
Latent Defects vs. Obvious Mistakes
Some survey mistakes are easy to spot—like a fence that clearly crosses the boundary line. Others are latent defects that don’t show up until years later, often during:
- Construction or development projects
- A new survey during resale
- Title company review during closing
In those cases, the “clock” on your legal rights may not start ticking until you discover the problem.
Who Can Sue the Surveyor?
Under Texas law, your ability to sue a surveyor depends on whether you had a contractual relationship (called “privity”). If you hired the surveyor directly, you can likely sue for breach of contract and negligence. If you didn’t (for example, the seller ordered the survey), you may still sue—but your claims may be limited to negligence, and you’ll have to prove the surveyor owed you a duty.
It’s worth noting that title companies and lenders often rely on surveys too—but if there’s an error, they usually try to disclaim liability unless it causes a title insurance claim.
Surveyor Liability: Real-World Impact
Here’s how survey mistakes commonly create legal exposure:
- Improper boundary lines that lead to encroachments
- Failure to identify setbacks, easements or improvements constructed on property
- Failure to identify or disclose utility easements or floodplain lines
- Errors in metes and bounds descriptions
- Incorrect location of fences or driveways
These issues can lead to lawsuits between neighbors, insurance claims, forced relocation of improvements, or worse.
What Should You Do if You Discover a Survey Error?
If you believe a surveyor has made an error:
- Get a second survey from an independent firm to confirm the issue
- Review your title policy to see if survey coverage applies
- Act quickly—especially if you’re nearing the statute of limitations or the 10-year statute of repose
- Speak with a real estate attorney who understands how to frame the claim
Texas Real Estate Survey Disputes: Legal Help You Can Trust
Survey errors aren’t just technical problems—they’re legal landmines. If you’re in a boundary dispute, facing litigation, or just trying to assess your options, my office can help.
📞 (210) 354-7600
🔗 www.sanantoniorealestatelawyer.com
🔎 Looking for the best real estate attorney in San Antonio? I’m here to earn that title with every case I take.
About the Author
Trey Wilson is a seasoned real estate and water law attorney based in San Antonio, Texas. With over 25 years of experience, he represents landowners, developers, and commercial clients in complex property transactions and disputes.
