Leander, TX asked in Estate Planning, Land Use & Zoning and Real Estate Law for Texas

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 near future, but we all go sometime), will be willing her possessions to another friends daughters. My question is. What rights will those that inherit this friends estate have as far as access and or living there? Can my daughter (or her estate) require the building be moved. Can the costs of the septic/well just be a price for living there? There will not be any rents collected.

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: 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 will be considered to have been abandoned, allowing your daughter to do with them as she likes.

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