Texas Surveyors Practice Exam

What happens if a title owner erects fences along a roadway?

1. It nullifies public access

2. It only affects adjacent properties

3. It identifies the dedicated right of way

4. It prevents further disputes

The correct answer is: It identifies the dedicated right of way

Erecting fences along a roadway serves to demarcate the boundaries of the property and clarify the extent of the dedicated right of way. When a title owner constructs a fence, it can visually reinforce the limits of their property while also indicating which areas are publicly accessible. This is particularly important in situations where the public has a right to access certain parts of the roadway, as it can help travelers understand where private property begins and ends. By clearly identifying these boundaries, it assists landowners, surveyors, and the public in recognizing the parameters of the dedicated right of way. In contrast, nullifying public access is not a direct consequence of erecting a fence as public rights often remain intact unless formally vacated. While the fence may impact adjacent properties, it primarily serves to define the property line rather than only affecting them. Although fences can help reduce disputes by showing property lines more clearly, they do not eliminate the potential for future conflicts regarding boundary interpretations or use of the roadway if the public access isn’t adequately maintained. Thus, the act of building a fence primarily contributes to identifying the dedicated right of way.