Texas Surveyors Practice Exam

What condition must be met for an agreement to be binding in Texas?

1. Both parties must be aware of the true line

2. A dispute over the true line must exist

3. Legal representation is necessary

4. A surveyor must confirm boundaries

The correct answer is: A dispute over the true line must exist

For an agreement to be binding in Texas, a dispute over the true line must exist. This condition is significant because, in property law, boundary disputes often lead to agreements between parties to resolve uncertainties about property lines. When both parties acknowledge a disagreement regarding where the true property line lies, they may enter into a legally binding agreement to settle this dispute. Such agreements can often involve compromises or delineations agreed upon by both parties, which can then be enforced by the court if necessary. In this context, the existence of a boundary dispute provides a valid reason for parties to negotiate and formalize their understanding of property lines, thereby establishing a legally binding agreement. The other options involve factors that may play a role in a situation but do not necessarily serve as prerequisites for an agreement to be binding. For example, while legal representation can be beneficial, it is not mandatory for an agreement to be binding. Similarly, while awareness of the true line may contribute to the negotiation process, it is not a requirement for the enforceability of an agreement.