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Texas Land Use & Zoning Questions & Answers

1 Answer | Asked in Land Use & Zoning and Construction Law for Texas on

Q: When a company is hired to build something attached to a house, who is responsible for pulling the building permit?

We had a company build a patio cover on our existing slab. They never pulled a building permit or mentioned it to us and are now not willing to do anything about the fact that the slab did not meet building thickness nor is our yard even zoned for this kind of construction. They are saying it was... Read more »

Tammy Lyn Wincott answered on Jun 12, 2019

It should have been stated in the agreement for services; otherwise, the homeowner is responsible unless it requires a licensed contractor. Please copy and past the link below for more information.

1 Answer | Asked in Estate Planning, Real Estate Law, Construction Law and Land Use & Zoning for Texas on

Q: I'm looking to purchase land to build/improve a self sustaining home, but am unfamiliar with Texas property laws.

The home is planned to be 100% self sustainable, using solar panels to provide electricity, reserves to collect and filter water, etc. Is this endeavor legally possible, and if so, is there anything I need to be concerned about?

A location was required to post this inquiry, but the site... Read more »

Terry Lynn Garrett answered on Mar 25, 2019

I am not real estate lawyer.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on

Q: Can I live on land that I am still paying on or do I have to wait until it is fully paid off

Tammy Lyn Wincott answered on Nov 5, 2018

I'm not sure I fully understand this question. A lot would depend upon the arrangements that were made to purchase the land. Similar to a home loan where you live in the house while paying the mortgage, many land sales allow you to live on the property. I suggest you refer to your original... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Texas on

Q: How do I set up a partnership in Colorado? The partnership will be for the purpose of purchasing some real estate.

Tammy Lyn Wincott answered on Oct 12, 2018

If you're setting it up in Colorado, I suggest you post the question under Colorado.

1 Answer | Asked in Car Accidents, Land Use & Zoning and Personal Injury for Texas on

Q: Can I be held liable if someone wrecks their car into my fence, on my property? Fence is about 6 ft. from a county road

My last fence was destroyed by a car that came around the corner too fast, and no stopped, they just drove off (as usual) it has happened several times over 22 years. I'm wanting to put up a fence made of 12 inch diameter round posts, and cattle panels. I was wondering if somebody hits the new... Read more »

Peter N. Munsing answered on Jul 18, 2018

Technically no, but did you get your homeowners to pay for it?

Check with your local ordinances. I'd check with your homeowners as well.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on

Q: If the deceased owner of 9 lands in Tx. passed without a will, how can the person entrusted with the land sell?

The original landowner passed, his descendants passed, and one grand child of he original owner was the one that entrusted an uncle with the tenancy of the land before he passed too. Any other descendant that might have a legal right live in different states and do not want anything to do with the... Read more »

Tammy Lyn Wincott answered on Jun 13, 2018

It sounds like you'll need a "Determination of Heirship" and "Administrator" appointed who can pay any debts and sell property if necessary, giving the remaining assets to the appropriate heirs.

I'm going to move this over to probate as well.

1 Answer | Asked in Traffic Tickets and Land Use & Zoning for Texas on

Q: Does an officer have to visit my property to write a code enforcment ticket and mail it to me?

I was mailed a ticket from the city for an inoperable vehicle. I bought an rv to restore however it does run but it was wintertime and i wanted to wait til spring to restore it. I do not believe the officer actually went to my house to write the ticket. Is it legal in texas for the code enforcement... Read more »

Grant St Julian III answered on Mar 20, 2018

It is not required that a warning be issued before a code citation is issued, but in most jurisdictions a warning is provided. Enter a plea of not guilty on the citation and appear in court to discover if any such warning was provided by a code officer.

1 Answer | Asked in Real Estate Law, Elder Law, Land Use & Zoning and Probate for Texas on

Q: I would like to know if I will have the right to adverse possession upon my grandmother's passing.

I have been living with her since 2013, taking care of the farm. She has a will that includes 1/3 to each of my aunts and a split third to my sister and myself. I have worked very hard on the upkeep of the property while none of the others have lifted a finger to help in any way. In fact, they... Read more »

Terry Lynn Garrett answered on Jan 16, 2018

Her Will governs. If you want to be repaid for the money and work you have put into the farm, you need a signed contract agreeing to the amount. Adverse possession only applies to occupancy for many years with no objection by the other people entitled to the land. You would have to occupy the... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on

Q: Fence property line

My late father built a cement block fence at his home several years ago. It was built one foot inside the neighbors property lot. We are now selling the home and the neighbor says we cannot or she will sue. She wants a payout or for us to pay the property taxes of the fence. What exactly can they... Read more »

Tammy Lyn Wincott answered on Oct 11, 2017

The house will sell according to the survey plat. If the fence is outside the parameter of the plat then it is a problem. You might be able to "give" it to the owner of the land or remove it completely and restore the other owner's land to the point it was before the fence was erected.... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on

Q: I have a few questions concerning a drive way easement that we were granted a few months ago.

We were granted and legally filed a driveway easement a few months ago. The land with that easement on it was recently sold and the new owners are aware of the easement but decided they wanted to install a fence. The fence was installed down the center of the easement. From our research and from... Read more »

Tammy Lyn Wincott answered on Oct 11, 2017

Generally speaking, when someone builds a structure on a property bordering, the non-owner of the structure, does not have the right to just tear it down.

Have you spoken with the new owners to try and correct the situation? It may be necessary to attend a mediation or take legal action if...
Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Land Use & Zoning for Texas on

Q: Mother died. Left house, buyer claims all land with purchase. Half property 100% to mom's sis who didnt sale. What now?

Sale was done without our aunt's knowlegde. According to sale contract all of address was for sale. Only half of property was our mom's. According to appraisal the buyer would only be paying for mother's side though.

Terry Lynn Garrett answered on Sep 24, 2017

Ask the lawyer representing the sister to contact the title company. The title insurance insures that the seller had good and marketable title to what was sold.

1 Answer | Asked in Land Use & Zoning, Probate and Real Estate Law for Texas on

Q: Step mother fails to probate will within 4 years as required in Texas. Was to settle estate now. Wants to use date of

Death as value of house (5 years ago) worth 100k more. Which is the correct number to use? What would the state use if they were to divide property?

Tammy Lyn Wincott answered on Jul 11, 2017

It isn't as simple as determining what the value of real property is as a person may have claims for reimbursement, depends on who has rights to property and what type of rights those are, i.e. right of survivorship, life estate, etc. Texas heirship can be difficult to understand in cases where... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Texas on

Q: Whats the minimum time an unauthorized roomate has to leave when told by the land owner.

I was invited to live on a piece of land by a friend who had a lease stipulating 4 people could live there. 6 weeks after i moved in the land owner gives him a letter of eviction giving him 30 days to leave as stipulated in the lease agreement, in the same letter she gave me 48 hours to vacate... Read more »

Matthew S Tadlock answered on Sep 19, 2016

Unless the lease states otherwise, the minimum in Texas is a 3 Day Notice to Vacate. Certainly, if you're not out by end of the 30 Day period, any eviction the landlord files will include you as well.

However, it sounds as if the landlord is merely terminating the lease due to her insurance...
Read more »

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