Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Land Use & Zoning Questions & Answers
2 Answers | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for Texas on
Q: Can Tool, Texas seize my property over vehicle code violations?

I live in Tool, Texas, and the city has informed me that due to code violations related to having multiple running and driving vehicles on my property, they might seize my home and land. They stated I can only have one personal vehicle on my property. They've threatened that if I don't... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2025

Without first going through the process to declare your property a nuisance, a city cannot seize your home and land under the facts described.

The city can seize junked, abandoned, and/or legally unusable vehicles. A vehicle would be considered legally unusable if it is not registered,...
View More

View More Answers

2 Answers | Asked in Business Formation, Land Use & Zoning and Business Law for Texas on
Q: Do I need a permit to operate a pet food vending machine in Dallas, TX?

I am planning to operate a vending machine selling pet food in both indoor and outdoor locations in Dallas, Texas. I am unaware of any local business regulations or zoning laws related to vending machines. Do I need a permit for this?

John Michael Frick
John Michael Frick
answered on Mar 17, 2025

Operating a vending machine business requires compliance with various laws. In general, the operator of a vending machine requires a license from the State of Texas to operate such a business. Cities and counties regulate where commercial business are allowed to operate through zoning laws and... View More

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: How can I turn my 401k into real-estate and what would I need?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.

The general idea is that you can buy property with the 401k money, then identify the investment...
View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Texas on
Q: Can my neighbor forcefully remove a "No Trespassing" sign posted outside of my apartment building? Landlord was notified

My landlord asked if I would purchase the sign and put it up and he would reimburse me. Of course I have no issue with this and did as he requested. This would be the second sign I have purchased and put up because my neighbor keeps taking it down and there has been no other previous issues with... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes, but that may be considered an act of criminal mischief. There is clearly some sort of dispute between your landlord and your neighbor the details of which you are unaware. I recommend that you avoid becoming too involved.

You should report to your landlord that you did as asked,...
View More

1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law, Municipal Law and Real Estate Law for Texas on
Q: If electric power lines ask me to get estimate to move my resident in order to expand their right of way, who chooses?
Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

A Texas attorney could answer best, but your question remains open for two weeks. Sometimes a court decides, depending on nature of the matter and the respective positions of the parties. Large electric utilities usually have land use attorneys in their environmental affairs divisions. You could... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for Texas on
Q: Im harris county who owns the parkway the city or person ?

I’ve been having trouble with my neighbor she complains about us parking on her left parking spot on the road infront of the side walk . She complained about the car getting on the grass sometimes and we have fixed that issue now she’s complaining and threatening to sue or give us a ticket for... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2024

Generally speaking a public road and the area immediately beside it is owned by the owner(s) of the adjacent land but it is subject to a public access easement. A survey would be necessary to determine the exact line where the easement ends. As long as you remain in the area subject to the public... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: What happens next?

Gave my sibling power of attorney of my home to take care of my parents while I was gone but essentially he moved it into his name and stole my house. What happens next and what can be done about this

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You can sue your sibling for abusing the power of attorney you gave him. As your attorney-in-fact, your sibling owed you fiduciary duties. While the POA protects third parties who relied upon it from claims by you based on their dealings with your sibling pursuant to the POA, it provides no... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: My real estate agent broke my property up into two pieces to sell without asking me

I have 23 acres for sale with a house she broke the house off the acreage and is trying to sell it in two pieces and did not ask me if she could do that

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

In the absence of any agreement with your real estate agent to list the property in separate parcels, you ultimately have the legal right to refuse to sign a contract to sell your property in two separate parcels.

Simply tell your agent you are not interested in selling your property as two...
View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Texas on
Q: Planning a perimeter fence: driveway regulations in Houston, TX?

I am planning on building a new perimeter fence around my property, and I am concerned about whether it must include the driveway or if there are specific local regulations or ordinances regarding fencing and driveways that I need to be aware of.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2025

When planning to build a perimeter fence in Houston, Texas, it's essential to consider how your driveway fits into the overall design. Houston's regulations require that fences be constructed directly on the property line, without setbacks. This means your fence should align with the... View More

Q: Can I move boats and trailers on neighbor's property without permission?

I live in Collin County, Texas, outside the city limits. The 11-acre property next door is under will probate and has had a squatter living there for several years, who has now moved into town, leaving three dogs on the property. There are over 100 boats and trailers, creating an eyesore. Although... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2025

You cannot move boats or trailers on someone else’s property without permission, even if the current occupant is a squatter or the property is under probate. Doing so could be considered trespassing or property damage, which could expose you to civil liability or criminal charges. Ownership... View More

1 Answer | Asked in Construction Law, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Contractor threatening lien after incomplete job and overcharges, with communication issues on discrepancies in Texas.

I have a contractor who's overcharging for a job and left some things incomplete. He’s threatening to put a lien on my property through an email. I've tried communicating with him via phone, showing discrepancies in the contract and duplicate charges, but he insists he's done and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2025

In Texas, contractors do have the right to file what’s called a mechanic’s lien if they believe they are owed money, but they must follow strict legal procedures to do so. Simply threatening you in an email does not mean a valid lien has been placed on your property. If the contractor has not... View More

1 Answer | Asked in Landlord - Tenant, Land Use & Zoning, Gov & Administrative Law and Real Estate Law for Texas on
Q: Am I renting an illegal dwelling in Leander, TX?

I believe I'm renting an illegal room because it's in a garage that doesn't meet city standards in Leander. I've contacted city code enforcement, and they have no record of any unit being built into this garage. I haven't had any issues with my landlord yet. What should I do next?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2025

If the city has confirmed that there is no record of your garage being converted into a legal dwelling, then it is possible you are renting an unpermitted unit. This can affect safety standards, such as electrical wiring, ventilation, and fire safety, which is why cities require inspections and... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Can a private care home be classified as a single-family home under zoning code?

I am trying to determine if a private care home for 3-4 residents can be considered a single-family home under the city’s zoning code. The zoning code specifies that a single-family home must consist of related individuals. Could a care home fit this classification, or are there exceptions... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2025

You’ll want to start by pulling the exact language of your city’s zoning ordinance defining “single-family” use and any separately defined “group home” or “care facility” terms.

Under federal fair‐housing rules and many Texas municipal codes, a small residential care home...
View More

1 Answer | Asked in Land Use & Zoning, Civil Litigation and Real Estate Law for Texas on
Q: Are unenforced deed restrictions abandoned if POA dissolved?

I want to build a mother-in-law house on my property, but I've been told there are deed restrictions from when the subdivision was built. Our house was built in 2003, and we moved in during 2021 without receiving a copy of these restrictions. I have since acquired a copy, which specifies no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

Deed restrictions are private covenants that “run with the land,” meaning they bind all current and future owners—even if your POA dissolved—unless they’re formally removed or expire by their own terms. Non‐enforcement alone does not extinguish a restriction; it simply means no one has... View More

1 Answer | Asked in Land Use & Zoning, Civil Litigation and Real Estate Law for Texas on
Q: Can I appeal HOA's stipulations on my green house design regarding roof requirements?

I've submitted plans for a green house to my HOA ACC for approval and received "approval with stipulations." They require the structure to have a shingled roof and to match the exterior of the main house like a shed or gazebo, although green houses aren’t mentioned in the governing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2025

You can argue that the ACC’s roof requirement exceeds the authority granted by the governing documents, since green houses aren’t defined or regulated in the declarations and transparent pool houses already exist in your community.

Point out that treating your greenhouse as a “shed”...
View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Do I need a deeded right of way to sell property accessed via private road?

I've been using an access road through private property in East Texas to reach my land for the last 60 years without any disputes. This road was previously owned by timber companies and is now owned by a private citizen. My title company has requested a deeded right of way for this road to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

You've been using that access road for 60 years without issue, and that long-term, open use might give you a legal right to continue using it, even without a deed. In Texas, this is often referred to as a prescriptive easement, where long, continuous, and apparent use of a road can become a... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Civil Litigation for Texas on
Q: I bought property 3 years ago and haven't received the deed due to zoning issues. The owner is unresponsive. How do I get the deed?

I purchased 5 acres of property in Texas 3 years ago, paid in cash, and have bank logs and checks as proof. However, I have not yet received the deed. The previous owner, who initially cited zoning issues with the remaining 3 acres as the reason for the delay, is now unresponsive. I also have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2025

If you paid for the property in full and have clear proof of payment along with documented communication and witnesses, you’re in a strong position. The seller’s zoning issues with the remaining land do not affect your right to receive your deed for the 5 acres you purchased. The seller is... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Can I enforce Paragraph 9 allowing modular homes despite conflicting HOA covenant?

I own an empty lot in an HOA community in Texas. About ten months ago, the HOA amended the covenant restrictions. There are conflicting paragraphs regarding my lot. Paragraph 5 mentions that my lot is restricted to site-built homes only, according to Paragraph 4. However, Paragraph 9 states that my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

It sounds like you’re facing a frustrating situation where the documents that should provide clarity are instead creating confusion. When HOA covenants contain conflicting provisions, courts usually try to interpret them based on the overall intent and clarity of the language. If Paragraph 9... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Land Use & Zoning and Real Estate Law for Texas on
Q: Neighbor disputes involving easement and animal rights issues in Texas.

I bought land for my daughter on March 18, 2025. She moved in around the beginning of April after I had fences built for her dogs. She has some mental health issues, and her neighbor is exacerbating the situation. The neighbor has shot two of her dogs and killed one while my daughter was present.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm so sorry you and your daughter are going through this—it sounds not only heartbreaking but dangerous. In Texas, shooting a neighbor’s dog without justifiable cause, like an active threat to livestock or humans, can be a criminal offense. If your daughter’s dogs were confined or not... View More

1 Answer | Asked in Land Use & Zoning, Constitutional Law and Patents (Intellectual Property) for Texas on
Q: I have contacted Texas Land Office having several Patents (having certified), all Patent what should I do next?

In the land office they all are patent and registered as they remain and people have been taking land recently as builders and we have not granted them permission. I know the laws of this being private property as they continue to alter records illegally (I have evidence) but what else should I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

If you have confirmed that your land patents are valid and properly recorded, the next step is to take legal action to protect your property rights. Gather all documents, including certified patents, historical records, and any proof of unauthorized changes to the land records. Organize your... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.