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We've been living in this residential house for 30 years, when we moved in the fence was already there but recently the new neighbors claim its 5 Ft on their property do we have a claim to that land since we've been operating on it for 30 years?
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answered on Apr 15, 2023
You do have a claim, but I do not think it would be worth it to sue for Adverse Possession. However, if the neighbor sues you over the line and the property, you can Counter-Claim Adverse possession. The general rule is that if you openly possess for 10 years in a row, you have a claim to the land.... View More 
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... View More
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answered on Mar 20, 2023
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... View More
My friend has a 50'x140' lot and offered to sell me a portion without a house. He wants to keep his house for himself. Where should I begin to take him up on his offer?
answered on Feb 27, 2023
A 50' x 140' lot is already pretty small (7,000 sq ft). There probably is no Code section directly on point. In the City of Dallas, the minimum lot size for residential use is 7,500 sq ft., but there may be older homes that are grandfathered in. You also need to analyze the required... View More
Hogs up against my fence causing ungodly odor, noise, filth conditions. Sheriff's department will not help. Deed restrictions states no hogs at all !!
answered on Jan 25, 2023
Any homeowner in the subdivision has standing to enforce the deed restrictions.
You can hire an attorney to secure a permanent injunction against your neighbors for violating the restrictive convenants and seeking a money judgment for any damages caused to your property by the hogs.... View More
We received a consent to encroach from City of Houston where they authorized building the pool. We ran into a gas line while digging, and Center Point Energy is claiming we cannot encroach on the easement and need to fill the hole in our backyard, otherwise they will file "unauthorized... View More
I own the mobile home but not the lot it sits on. The new property manager is demanding I install skirting on my deck or I will be penalized. Is this legal? What if I can't afford it?
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answered on Oct 8, 2022
The park where you have your trailer has rules and regulations. I'm sure when you first started staying there, you signed some kind of agreement or lease. That document will tell you all the rules and requirements that you must abide. Take a look and see what it says about the need for a skirt... View More
My siblings are trying to keep the land, saying I won't be able to make the taxes.
answered on Sep 28, 2022
Obtain a copy from the clerk of the probate court where your father's will is being probated.
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?
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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... View More
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?
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... View More
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.
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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.
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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... View More
I was recommended adverse possession due to I have been maintaining it & I haven’t been able to find the owner or relatives.
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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.
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... View More
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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... View More
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,... View More
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... View More
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... View More
Neighbor's wall pack security light encroaches onto our property.
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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... View More
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?
answered on Aug 12, 2021
Yes, if you hold it exclusively for long enough. The minimum period in this situation would be 10 years.
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... View More
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... View More
Offered another rental at a higher price with a year lease. What is their obligation to me. Regarding moving costs, and inconvenience etc
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... View More
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... View More
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answered on May 10, 2021
Hire a competent attorney to draft a Joint Permanent Use Easement for all Parties to agree to.
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