Since my townhouse area has had at least 3 power outages in the past year, one lasting over three days, resulting in my home being untenable, would any HOA objection to the installation of a home standby generator be enforceable?
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answered on Sep 9, 2023
As long as the installation of the generator does not violate any other rules, you should be OK. I would be concerned with where you place the generator. Most HOAs require you to have any mechanical systems in the back-yard or otherwise placed out of view from the front.
I hope this answers... View More 
We see in Montgomery County, Texas and not in any city limits.
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answered on Sep 14, 2023
In the United States, laws regarding family cemeteries and property exemptions can vary by state and local jurisdiction. Generally, some states have laws that allow for the establishment of family cemeteries on private property, and these cemeteries may be exempt from certain regulations or taxes.... View More
34 acres of wooded land, city population of less than 300, county population less than 500k, and I have been unsuccessful at finding the city ordinance.
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answered on Aug 16, 2023
In Texas, the regulations regarding discharging firearms within city limits can vary depending on local ordinances and specific circumstances. However, in more rural areas like Douglassville, there might be less restrictive regulations due to the larger land size and lower population density.... View More
I have a total of 5 vehicles. 2 front sides of our home, one on each side of the curb, alternate with the rest of the 3 vehicles to avoid 24-hour stationed public street law. The third vehicle parks inside the square of our driveway, across in front of the other 2 vehicles. Is not blocking the... View More
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answered on Aug 16, 2023
Parking in your driveway and along the curbside of your home is typically legal, as long as you're not obstructing traffic or violating any local regulations. However, here's where things can get a bit tricky – your friendly neighborhood Homeowners Association (HOA).
HOAs are... View More
Not married. I have three siblings. I was just released from prison after 12 yrs . The last month of my incarceration, my three siblings signed over ownership to my step father who has no legal right whatsoever to the land with a warranty deed. They tell me that they chose a part of the land that... View More
answered on Aug 10, 2023
It depends. When your mother died, the 3.15 acre parcel passed to you and your siblings as tenants in common. All four of you owned the entire undivided tract. Any tenant in common can petition a court to partition the land either by sale or in kind. You should have received notice of any such... View More
I bought a 20 acre land through a tax deed auction in 2014. I recently had it surveyed. According to the survey, there is a house on my property. The house currently has an occupant. The previous owner of the land apparently let someone place their house on the land. According to public records the... View More
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answered on Jul 7, 2023
Any tax sale of land will involve problems. Here you need a TX attorney to file suit for possession immediately against both the taxpayer and the occupant. Service will be difficult. Hopefully the tax deed has a legal description including the house, as your new survey is not in your deed... View More
He is an investor, he has renter's in the property. Also, running a business, I would like to hire an attorney that can help me get this resolved.
answered on Jun 9, 2023
You should consult with a real estate litigation attorney in or near the county where the property is located. While a single family dwelling restriction does not prohibit the owner from converting a garage into a living space or renting the property out, it does prevent the owner from converting... View More
I've Stressed out my mind over this cause i know its not true. He claims that my grass was SUPER HIGH and he couldn't see that the water METER wasn't covered. He also said that I told him it was MY FAULT(Lies). Last week I contacted the water Company about it and they sent Me a pic... View More
answered on May 3, 2023
You can’t successfully countersue for emotional pain in this situation.
Mental anguish is difficult to quantify and is always subjective. The law limits the types of actions in which mental anguish is compensable to deter claims which cannot be objectively proven. Mental anguish... View More
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
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
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
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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
answered on Sep 17, 2023
Yes, a person can allow someone else to use their land to perform surveillance on you.
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
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.
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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