Houston, TX asked in Agricultural Law, Contracts, Land Use & Zoning and Real Estate Law for Texas

Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw)

So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground to farm on a property where I have cows, and have a grazing lease with the landowners (2 estates). This caused me to have to feed them more and move them (huge inconvenience). I recently sent him a no trespass on the properties with case #. Ffwd to today and he turned 3 garbage bulls out where I have my cows, solely to spite me. (It would be like a dog breeder having a bunch of full blood labs and someone intentionally breeding them to a mut) now to my question, I called animal control to remove them and they made a phone call, then called me back saying my tresspass was invalid because my sister is an interest holder in the property. Can I not tresspass her husband? UI property. He only had 1 sign

1 Lawyer Answer
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Real Estate Law Lawyer
  • Houston, TX

A: You are in a tough spot.

In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties.

As part of the case(s) or causes of action, you will need to bring an action to quash or invalidate brother-in-laws farm lease, or get it limited, or otherwise limited.

By going to court, you will be taking charge of the situation, and I would hit him and anyone else who tries to limit or intrude on your use, hard and fast. What does your sister say?

If he is intruding on your exclusive lease on the 2nd property, you should sue him for trespass and other actions and get court orders detailing everyone's powers and limits.

Spend the time and money now, so you are not upset for the next 10-20 years.

Let me know if I can help.

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.