Texas Land Use & Zoning Questions & Answers

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Answered on Nov 5, 2018
Tammy Lyn Wincott's answer
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 documents.

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

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Texas on
Answered on Oct 12, 2018
Tammy Lyn Wincott's answer
If you're setting it up in Colorado, I suggest you post the question under Colorado.

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

1 Answer | Asked in Car Accidents, Land Use & Zoning and Personal Injury for Texas on
Answered on Jul 18, 2018
Peter Munsing's answer
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.

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Answered on Jun 13, 2018
Tammy Lyn Wincott's answer
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.

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

1 Answer | Asked in Traffic Tickets and Land Use & Zoning for Texas on
Answered on Mar 20, 2018
Grant St Julian III's answer
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.

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

1 Answer | Asked in Real Estate Law, Elder Law, Land Use & Zoning and Probate for Texas on
Answered on Jan 16, 2018
Terry Lynn Garrett's answer
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 farm for many years after her death without others objecting and then send them legal notice, giving them a chance to object. That seems unlikely to occur.

Q: Fence property line

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Answered on Oct 11, 2017
Tammy Lyn Wincott's answer
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.

There are also time elements to consider, how long ago did it happen, who has paid the taxes until now, did the other property owner have knowledge of it all along and did they ever do anything, etc....

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Answered on Oct 11, 2017
Tammy Lyn Wincott's answer
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 they refuse to remove the fence.

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

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Land Use & Zoning for Texas on
Answered on Sep 24, 2017
Terry Lynn Garrett's answer
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.

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

1 Answer | Asked in Land Use & Zoning, Probate and Real Estate Law for Texas on
Answered on Jul 11, 2017
Tammy Lyn Wincott's answer
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 there are children from a previous marriage. It may be necessary to file for a determination of heirship and administration of the estate. A will can be admitted to probate after 4 years under certain...

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

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Texas on
Answered on Sep 19, 2016
Matthew S Tadlock's answer
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 being terminated. The general rule to terminate a lease in Texas is 30 days, unless the lease states differently. There really isn't much you can do about the lease termination. As long as the lease...

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