Lawyers, Answer Questions  & Get Points Log In
Texas Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: We have a neighbor that is putting up a fence and the corner of the fence is going to block our drive. This corner was

Established our 30 years ago. Can he legally do this? The lines that he has on ground, my mid size SUV will barely fit thru, so I know a dump truck will not. What can we do?

John Cucci Jr.
John Cucci Jr.
answered on Jul 20, 2022

The best way to handle this issue is to try to talk it out with your neighbor before the fence goes up. It would be great if you had a survey that shows the lines, etc. If that will not help, then you may need to file for an injunction in Court to prevent the fence from going up. I'm not sure... Read more »

1 Answer | Asked in Agricultural Law, Energy, Oil and Gas and Land Use & Zoning for Texas on
Q: We own 83 acres of timber but not mineral rights. We have several homes (children) on our property and a cluster well.

We do not own mineral rights. Just received call from driller advising they will be drilling oil on our land. How do i protect our homes timber and water source?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 13, 2022

In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas.

The Texas Railroad Commission, the state agency which regulates oil...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: A man has moved an RV on my property and lives on the property without my permission. How do I get him off my land?

I have the deeds to the land and pay the taxes every year but the individual has claimed that the land belongs to him and he has deeds too.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 12, 2022

You must hire a very competent TX attorney to search both asserted chains of title, then prosecute an Ejectment Action. Hopefully you are not too late. It will be expensive and difficult.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: I own 5 acres of land in Texas, I recently built a home on this land, does my land's Deed serve purpose for title too?
John Cucci Jr.
John Cucci Jr.
answered on Jun 24, 2022

Absolutely! The deed, when filed with the County Clerk, is the first and only proof of your "title" to the land. The whole idea of having Title to land is that Title grants you status. That status gives you all the rights of ownership to the land. Most importantly it gives you the right... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: I have a abandoned property next door which is causing me issues, I would like to buy it however no one knows the owner.

I was recommended adverse possession due to I have been maintaining it & I haven’t been able to find the owner or relatives.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 3, 2022

Usually the easiest way to obtain abandoned property is a Tax Sale, so check on its tax status in your County. But you will also need a TX attorney to search the title and determine ownership, easements, etc.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Does "perimeter fence" include ANY fence?

An HOA's restrictions include a prohibition on any fences being "forward of the front wall of the house." It does not contain any further language pertaining to fences or front yards, besides a brief requirement on what materials fences can be made from.

Last fall, a new... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Feb 19, 2022

The rules against a fence forward from the front of the house is usually made to protect people from crashing as they exit their driveway. I think the best way to handle your issue and question, is to use a "see through" fence in the front of the house. If there is a direct conflict with... Read more »

1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: If I'm building a house for cash paying for it upfront on some land do I need a deed
Teri A. Walter
Teri A. Walter
answered on Dec 6, 2021

If you already own the land, you already have a deed which covers everything that is permanently attached to the land, or that becomes permanently attached to the land; this would include a house (assuming it's not on wheels). If you're buying the land, then yes, you'll need a deed,... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: My neighbor connected their water utilities to my water meter, what can I do?

I purchased a vacant lot that has a water meter on it. I'll call my property lot 1. That water meter was listed with the city for both lots 1 and lot 2 since the previous owner owned both lots, the water meter is physically on my property. However lots 1&2 are now owned by different people... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

It sounds like you have a trespass claim against your neighbor, and damages from any unrepaired trench on the property, as well as the cost of providing water to your neighbor, and possibly for the cost of installing a new water line and meter. Depending on the circumstances and expense, there may... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: How do I correct a light trespass in an unincorporated town in Texas?

Neighbor's wall pack security light encroaches onto our property.

John Cucci Jr.
John Cucci Jr.
answered on Aug 23, 2021

Hi:

I would first suggest that you talk to your neighbor, who has the offending light. This may save you lots of time, trouble, and it is the right thing to do. . . if possible. I would like a more complete description of the light, the timing of it and other relative details, like whether...
Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: If a homeowner passes & the heir does not claim the home or pay taxes can a neighbor acquire through adverse possession

The previous homeowner passed 4 years ago and the home has remained empty. The next of kin have shown no interest in the property. Can a neighbor care for the property (agricultural and house) and become the owner using an adverse possession claim?

Teri A. Walter
Teri A. Walter
answered on Aug 12, 2021

Yes, if you hold it exclusively for long enough. The minimum period in this situation would be 10 years.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Probate and Estate Planning for Texas on
Q: I have a home on my grandmother's property that was left to be inherited by my mother and aunt equally. What happens?

Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no... Read more »

Teri A. Walter
Teri A. Walter
answered on Jun 29, 2021

The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be... Read more »

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Texas on
Q: Flooding rain water into our rental soaking a bedroom carpet. Management co. wants us to move out.

Offered another rental at a higher price with a year lease. What is their obligation to me. Regarding moving costs, and inconvenience etc

Tim Akpinar
Tim Akpinar
answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for a week, and it sounds like you are under pressure to make a decision. There's no guarantee all posts are picked up, but you could repost your question under the Landlord-Tenant category. You'd have better chances of a... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Can a driveway be shared equally between properties regardless of the number of owners of the properties?

My neighbor has a driveway with access to part of my land which they let me use anytime I want, but I want to make them a cash offer so that it gets permanently written into the city land records that these two properties equally share the driveway no matter who owns the properties. That way if I... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 10, 2021

Hire a competent attorney to draft a Joint Permanent Use Easement for all Parties to agree to.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: I live on a property with a man who is trying to do squatters rights. I live in a seperate trailer. He turned off part

Of my electric. I'm not sure he filled rights correctly either. How can I go about finding out and also is there a way to override his claim on the property.

Teri A. Walter
Teri A. Walter
answered on Apr 14, 2021

You don't mention what your rights or claim to the property are, or for that matter, what the basis of the other person's claim claim is. Without knowing both, it's impossible to answer your question.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who is responsible for fixing erosion of land under the perimeter subdivision fence?

I have severe erosion under my rear fence which is the subdivision perimeter. The subdivision was developed 20 years ago and done with improper terracing around the sudivision. I built my house in 2005 through a home builder that bought lots within the subdivision. Of course, when we purchased our... Read more »

Teri A. Walter
Teri A. Walter
answered on Jan 28, 2021

Sorry, the original developer isn't going to be responsible for something happening 20 years after they finished the development. The HOA may or may not be responsible - review the deed restrictions to determine their authority and responsibilities. It could be that this is something the... Read more »

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Texas on
Q: Vmp mortgage solutions is this VETERNANS MORTGAGE SOLUTIONS INC. IM SO CONFUSED WITH ALL THIS MORTGAGE COMPANY AND BOA?

I dont understand this the more I send to clear title on mortgage loan the boa sends to clerks to submit against me and there adding to what is already documented! Bexar County Clerks are allowing add ons and extension, refinance documents to be added to records already there. How is this happening... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 18, 2020

It appears that you need a competent Texas attorney to conduct a title search. Then with your belated Release, he should be able to discern how to properly clear your Title. The Release probably only affects some of your recorded instruments, and you may need more Releases.

2 Answers | Asked in Energy, Oil and Gas, Land Use & Zoning and Real Estate Law for Texas on
Q: Is it legal that a company sell land without telling the buyer that an existing oil and gas lease exist
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 11, 2020

Certainly... It happens all the time. The buyer needs to do a title search prior to signing the contract, and certainly prior to paying over the price. If it is a warranty deed, check to see if the lease is listed on the face of the deed as an encumbrance.

View More Answers

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

Teri A. Walter
Teri A. Walter
answered on Nov 24, 2020

It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Land Use & Zoning for Texas on
Q: Can I walk my dog in a gated community that is at the end of my street if someone gave me the code to get inside?

There is a gated community at the end of my street. One day I went inside as my package was delivered to someone inside the gated community. I found a beautiful trail around lakes with waterfalls, and I began taking my dog in there for walks. I met another dog walker that gave me the code to get... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 5, 2020

That dude sounds like a creep but legally he has a point. Just because a person invites you into their home or onto their property once doesn't mean you forever have a standing invitation to enter whenever you feel the urge.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Texas on
Q: Future inherited access rights to land lived on for free?

My daughter owns acreage in Travis County Texas. She has a friend, who no longer has any immediate family, who wants to move onto a piece of it. Drilling a well, installing septic and either moving in a mobile home style structure or a pre-fab. This friend, upon her passing (not expected in the... Read more »

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Oct 10, 2020

It sounds as though your daughter and her friend need a written agreement stating that (1) the friend will pay for septic and well in lieu of rent and (2) within a certain period following her death, the mobile home and all her possessions will have been removed by her heirs or beneficiaries or... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.