Texas Real Estate Law Questions & Answers

Q: i believe my neighbor has built a barn and corral on my property, what is my course of action?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Nov 12, 2015

Go see a local real estate attorney for a full discussion about this.

Q: Do I have a case if any kind if I believe I was sold a home strucurally defective?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 27, 2015

Possibly. You should consult an attorney immediately, because (since it's been some five years), a statute of limitations may be coming up soon.

Q: can an appraisal district refuse a quitclaim deed that has been filed and paid for?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 15, 2015

Go to see a local real estate attorney about this.

Q: Where does the fence belong per the law?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 12, 2015

The answer depends on whether, under the law in your jurisdiction, adverse possession can be asserted even though the owner is aware that that owner's improvements (a fence, in this case) are encroaching upon the neighbor's property. In most jurisdictions, adverse possession doesn't apply under these circumstances, and the new owners would not prevail.

Q: If two properties share a fence, which home owner is responsible for maintenance of the fence?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 7, 2015

Unless there is a covenant of some sort with the other property owner, or applicable building codes and the like, you have no responsibility to maintain the fence. Who told you that maintenance is your responsibility? I would ask that person to document that statement with a copy of any such covenant, contract, deed restriction, etc.

Q: Am I liable for water pooling in neighbors yard due to grading of my yard?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Sep 29, 2015

Did you comply with all local ordinances regarding construction? Get to a local real estate attorney for a full discussion about this problem.

Q: We own (106 acres). The person we bought land from is no longer living Our deed says no manufactured housing

1 Answer | Asked in Real Estate Law for Texas on
Answered on Sep 26, 2015

What are the local zoning ordinances about this and have you spoken with a local real estate attorney to see if this is a valid restriction?

Q: Do I have to pay on a residential lot the past due HOA dues that were prior to me inheriting the property?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Sep 14, 2015

This is a complicated issue that should be handled by an attorney who is familiar with HOA law. There are many potential facts that the answer to your question depends upon. When you say there were no lien holders, do you mean that the HOA had not recorded an affidavit claiming delinquent assessments before the deed into your name was recorded? If there was not such an affidavit filed, this is a fact in your favor. Next, does the association require resale certificates for property that is...

Q: A judgment declaring heirship was made giving 1/2 of home to my mother and 1/3 to myself, sis & brother.

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Answered on Sep 11, 2015

There is something wrong with your math: I think you mean that each of the children should have received 1/6 interest in the home.

Anyway, I don't believe we have the full story here. A court action for the property taxes would not, to my knowledge, result in a modification of the title once the taxes were paid. In other words, if the tax case started with you owning a fractional interest, and the taxes due were paid, you would still have the same fractional interest (1/6 for each...

Q: How long after a property is off the market or listing contract ends before the owner can sell without paying commision?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Sep 9, 2015

You want advice about a contract without providing the contract to us. It cannot be done. Read the contract.

Q: Not sure if my dad had a will I want to sell his house my sister lives in it?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Aug 31, 2015

You need to seek the advice of a probate attorney in Edgewater, CO.

Q: Hi, My mothers name is on the deed along with mine, she recently passed away, how do I get her off the deed? Thank you!

1 Answer | Asked in Real Estate Law for Texas on
Answered on Aug 28, 2015

It depends on how the deed is worded. If it is "[both names] as joint tenants with right of survivorship", that would be easier. Otherwise, you probably have to petition the probate court. Confer with an attorney in your state.

Q: Ex-wife tried to re-fi house to her name but mortgage comp not cooperating. How do I get my name off deed?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Aug 22, 2015

It appears that her daughter needs to file a probate petition with the court. It is only through probate will the property be transferred to the rightful heir. If this is done, the mortgage company will have no say in the matter of the transfer of title to the daughter (or whomever is the rightful heir).

As far as re-financing the house, the daughter (or whoever inherits it) probably should go to another bank or mortgage company, and avoid the runaround which this one gave you ex-wife.

Q: What remedies do I have on non-disclosure of foundation defects by seller who is a beneficiary of deed in trust.

1 Answer | Asked in Real Estate Law for Texas on
Answered on Aug 4, 2015

More information is needed to answer. A local real estate lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...

Q: My husband died and did not leave a will. Question is we was married for 5 years. He had a mortgage before we were

1 Answer | Asked in Real Estate Law for Texas on
Answered on Mar 7, 2015

Based on what you described, the house is a separate property since it was bought before marriage. The fact that community fund was used to pay off the mortgage does not give rise to converting it into community property. However, you, as a surviving spouse, may have a claim to his estate for your share of the community fund that was used to pay off the mortgage.

Q: The house I live in is in an estate, can I have the title transferred into my name . I have paid the taxes for 14 years

1 Answer | Asked in Real Estate Law for Texas on
Answered on Feb 18, 2015

I assume you mean the title is in the estate of a deceased. In that case, title of the house can only be transferred to the heir of the estate. Is there a will? If there is one, then you need to look at the will and see to whom the deceased gave the house to. If there is no will, then someone will have to ask the court to determine who is the proper heir to this house based on the state law. Just living In the house and paying taxes do not give you the legal ownership. If it is determined that...

Q: I purchased a house when I was single. I am now married and my spouse is not and has never been a resident of tx. Can I

1 Answer | Asked in Real Estate Law for Texas on
Answered on Feb 10, 2015

The fact that your spouse is not a TX resident has no bearing to the answer. the fact thar you bought the house while you were single means it is your separate prioerty. Your spouse therefore has no say in selling the house. However, if you have used community fund to pay for another related to the house, eg. Repairs, mortgages, furniture etc, then spouse has a claim on his share of fund that was spent in the house.

Q: Can I file a Muniment of Title witout a Lawyer? Can you walk me though the process?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Feb 10, 2015

Don't think so. It is consider practice of law. If you are not a licensed attorney, you will have committed unlicensed practice of law by probating a will as muniment of title. You will need to hire an attorney to represent you.

Q: can my father's wife sell joint property he died without a will

1 Answer | Asked in Real Estate Law for Texas on
Answered on Jan 13, 2015

She (or you) will need to initiate some sort of probate proceedings to settle his estate before any assets can be sold. The exact nature of the proceeding will depend on the type of assets (e.g. separate, marital, real or person, if there is any right of survivorship etc), family situation and goals of the family. You should consult with a probate attorney to get answers to your specific situation.

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