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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: Can I ask for more money than the other co-owners when selling an inherited home?

I want to sell the home for Fair Market Value. The mother of buyer wants to sell for less. Buyer agreed to pay me more so does the mother determine how much I will get from the sale? The home is co-owner by 3 people.

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

In the absence of an agreement to the contrary, equal co-owners will split the net proceeds of the sale in equal portions. So, in your situation, you need to reach an agreement with all three co-owners that you will receive a greater portion. If one of the co-owners is a minor, the minor's... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: Can you request a writ of possession?

Can you request a writ of possession be issued based on a 1938 title action where a party to that suit or someone claiming through that person has tried to claim title and possession under Quit claim deed from a person to never hold interest in the property. Or what other remedy Res Judica would... View More

0 Answers | Asked in Real Estate Law, Appeals / Appellate Law, Energy, Oil and Gas and Libel & Slander for Texas on
Q: Can you ask the court for a writ of possession?

Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I need to clear a clouded title and I don't know what I should do first. Would a quiet title work?
Anthony M. Avery
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answered on Mar 27, 2024

Hire a TX attorney to search the title and then decide on what causes of actions need to be filed. This assumes you have already looked into it somewhat so you can tell the lawyer what you think is going on. Do not attempt this type of work yourself.

0 Answers | Asked in Real Estate Law for Texas on
Q: I was told that if 2 owners were on the title/deed to a property that an affidavit of heirship could not be filed

My husband killed himself with out leaving a will,this happened in 2019. 1st I had know idea that my home was in danger of having to be split with his son. We were both on the title/deed. I have paid the house off and step son has filed an affidavit of heirship with the wrong information and 2 very... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: I am looking for a preemptive solution to squatters claiming they are holding a lease or sale of a disputed property.

My proposal is that, before a property is vacated, filing a legal document with the county clerk by the owner/heir/trustee/POA/etc stating that person X is the guardian of the property and no leases, gifts sales, transfers, etc have taken place, and no one is authorized to be in the property, and... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: Does anything in the lease override the law of quiet enjoyment?

I live in an apartment building. Above me I can hear babies crying non stop, loud stomping noises, and below there is 3 dogs that bark non stop. It wakes me up every morning at 3 even when I turn on the tv. I told my leasing agent about these ongoing issues multiple times, but nothing is getting... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where noise interferes with your quiet enjoyment of your apartment, the lease terms cannot override state laws or local ordinances regarding your right to quiet enjoyment. In Texas, the law of quiet enjoyment is implied in every residential lease, which means that excessive noise that... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

John Cucci Jr.
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answered on Mar 23, 2024

Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My husband built our house himself on his deeded property, more than 30 years ago but never got a ‘deed’ to the house.

Does the land deed then become the house deed as proof of ownership for the house and property?

John Michael Frick
John Michael Frick
answered on Mar 26, 2024

Yes. An improvement like a fixed-position home becomes a part of the land. A deed conveying the land also conveys the home. Just like when you buy a vacant parcel of land and build a home on it.

0 Answers | Asked in Real Estate Law for Texas on
Q: grandparents passed away a few years ago and they own land and house. My dad is executor of the will

My dad wants to give the land and house to me to be my primary residence. What do we need to do transfer it to me

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: can I with hold payment from a company, if they refuse to give me an itemized bill when requested for a service?

I had a water mitigation company come out tear down a very small portion of my ceiling, and had a few fans and 2 dehumidifiers running for four and half days, they are charging me $8K+ for the work, which I believe is outrageous, so I have repeatedly asked for an Itemized invoice, they have claimed... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Unless your agreement with the water restoration company specifies that payment is conditioned upon receipt of a detailed itemized invoice, an itemized invoice is not a condition precedent to your obligation to pay for the service rendered.

In most situations like yours involving small...
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1 Answer | Asked in Real Estate Law for Texas on
Q: how can I transfer property (house and lot) title to my name? My husband died and left no will, we lived together here

My husband and I were married and have been living here for 10 yrs. We bought this house together but I found out that my name is not in the title when he died. We were living in this house when he died at the hospital and he left no will.

John Cucci Jr.
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answered on Mar 19, 2024

The good news is that the property is yours until your death, automatically.

There can be a snag, if you had any children during the marriage. But, if you bought the property during the marriage, while you both lived in TX, and have no kids from the marriage, the property is yours alone....
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0 Answers | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: neighbor has a water well pipe running 4" underground my land. Does he have legal rights if it is his only water source?

I have an rv to move to a portion of my land and run water from my well to the rv and a septic pipe to my sewer. I have two acres and had my water well and septic put in when I built my house. This property is unrestricted and in the country so we don't have to follow code. My neighbor said I... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Contracts and Construction Law for Texas on
Q: What can I file saying that my neighbor agrees to let me put a business sign on their property?

The neighbor is also a business. It's in an unincorporated zone in Llano Tx, so there are no sign permits. The official property lines on the Land Title are like 3-4 ft off so everyone's lot is technically overlapping.

John Michael Frick
John Michael Frick
answered on Mar 15, 2024

Signage easement.

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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

If by "utma" you mean the Uniform Transfer to Minors Act, it doesn't apply if the transfer is made directly to the minor and not to a custodian. I assume when you say "death by deed" that you're talking about a transfer on death deed. With those assumptions, and the... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.

While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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