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Texas Land Use & Zoning Questions & Answers
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...
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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Texas on
Q: Proposition 1 that just passed in Texas reads like it would override deed restrictions in neighborhood HOA's. True?
John Cucci Jr.
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answered on Nov 9, 2023

Be careful with Prop 1.

It grants a Constitutional right to landowners to conduct farming and similar activities without regulation from local municipalities. This is different from DEED RESTRICTIONS.

If your property is part of a subdivision, which is restricted by a deed that...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: If not expressly stated in HOA bylaws as non permissible, can I legally have a home standby generator installed?

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?

John Cucci Jr.
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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...
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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: If you have 15 acres and want to establish a family cemetery, Is the whole property exempt?

We see in Montgomery County, Texas and not in any city limits.

James L. Arrasmith
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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

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1 Answer | Asked in Land Use & Zoning and Municipal Law for Texas on
Q: Hello, my question is” what are the limitations in Douglassville, Tx, relating to discharging a firearm in city limits”?

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.

T. Augustus Claus
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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

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Real Estate Law for Texas on
Q: Driveway parking lot and curbside on our home side, is it illegal? Can HOA even break the law?

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

T. Augustus Claus
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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...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Texas on
Q: I have a question. My mother died and outright owned a 3.15 acre piece of land that had a house on it. She had no will.

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Someone else's house in on my property.

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

Anthony M. Avery
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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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Our deed restrictions clearly state "only single family dwellings", my neighbor converted garage into a house.

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.

John Michael Frick
John Michael Frick
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

2 Answers | Asked in Land Use & Zoning and Personal Injury for Texas on
Q: SCAM ARTIST IS SUEING ME SAYING THAT HE FELL ON MY PROPERTY. LIES!

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: fence dispute, we've been living in a residential home for 30 years as it was,neighbors say its 5 ft on their property

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?

John Cucci Jr.
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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

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1 Answer | Asked in Agricultural Law, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw)

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

John Cucci Jr.
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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...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: What is the name of the code that let's me buy a portion of my friend's 50 ft by 140 ft lot without his house on it?

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?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who enforces property deed restrictions, no HOA, in my subdivision regarding neighbor with hogs. Deed states no hogs

Hogs up against my fence causing ungodly odor, noise, filth conditions. Sheriff's department will not help. Deed restrictions states no hogs at all !!

John Michael Frick
John Michael Frick
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....
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Does relative have legal right to access water well with my land? There is no easement recorded in my deed.
John Cucci Jr.
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answered on Mar 28, 2024

NO!

Any rights to land in TX, and the USA, must be in writing and recorded with the county clerk.

I hope this helps.

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Contracts and Construction Law for Texas on
Q: What can I file saying that my neighbor agrees to let me put a business sign on their property?

The neighbor is also a business. It's in an unincorporated zone in Llano Tx, so there are no sign permits. The official property lines on the Land Title are like 3-4 ft off so everyone's lot is technically overlapping.

John Michael Frick
John Michael Frick
answered on Mar 15, 2024

Signage easement.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Easement and Manhole not disclosed but paid 16k lot premium

We got a new construction home. The lot plan was not shared during our initial contract signing not there was mention about easements and manhole in yard. Top of it, we paid 16k lot premium. Not happy and feel cheated. Can i take legal action?

John Michael Frick
John Michael Frick
answered on Oct 27, 2023

If the easement is not within the exceptions noted on your title insurance policy, you should file a claim.

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