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Texas Land Use & Zoning Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

Teri A. Walter
Teri A. Walter
answered on Nov 24, 2020

It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Land Use & Zoning for Texas on
Q: Can I walk my dog in a gated community that is at the end of my street if someone gave me the code to get inside?

There is a gated community at the end of my street. One day I went inside as my package was delivered to someone inside the gated community. I found a beautiful trail around lakes with waterfalls, and I began taking my dog in there for walks. I met another dog walker that gave me the code to get... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 5, 2020

That dude sounds like a creep but legally he has a point. Just because a person invites you into their home or onto their property once doesn't mean you forever have a standing invitation to enter whenever you feel the urge.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Texas on
Q: Future inherited access rights to land lived on for free?

My daughter owns acreage in Travis County Texas. She has a friend, who no longer has any immediate family, who wants to move onto a piece of it. Drilling a well, installing septic and either moving in a mobile home style structure or a pre-fab. This friend, upon her passing (not expected in the... Read more »

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Oct 10, 2020

It sounds as though your daughter and her friend need a written agreement stating that (1) the friend will pay for septic and well in lieu of rent and (2) within a certain period following her death, the mobile home and all her possessions will have been removed by her heirs or beneficiaries or... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Texas on
Q: How can I dispute or fight excessive cleaning charges on a rental?

We lived in the house for 18 months and the landlord is trying to charge almost $2000; $974 for landscaping/sod, $753 in carpet cleaning/pet dander, $135 in paint, and $120 in scratch repair. I know Texas law protects from reasonable wear and tear but the dogs were always kept in their kennels when... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2020

A Texas attorney could advise best, but your post remains open for four weeks. As a general matter, the dollar amount of your dispute might be out of proportion with legal fees if you hired an attorney to handle it on an hourly basis. A more cost-effective option to consider could be small claims... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: My boyfriend lived with me for a month during my lease of 1 year. Can i get in trouble with this after my lease is up?

He was not on the lease and lease ended a week ago. However, I have a roommate who threatened to tell the landlord about this. Because the lease is now over, could I actually get in trouble for this?

Matthew Scott Williams
Matthew Scott Williams
answered on Aug 7, 2020

Most likely - No, you aren't in trouble. However, some lease agreement state that a guest can only stay for a specific amount of time before they must be added to the lease. Check the lease agreement to be sure.

I would do what I could to prevent the roommate from "telling"...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Can I build residential property on land near railroad tracks in Texas?

I was looking to buy a land property in texas but was told I could not build residential estate because said property was near railroad tracks. I cant seem to find any information in regards to this law and I would like more information.

Thank you.

Matthew Scott Williams
Matthew Scott Williams
answered on Aug 7, 2020

While it's true that you cannot build a residential dwelling on land not catagorized or "zoned" for residential development, you can petition the municipal / city permitting authority for re-categorization / re-zoning.

Our firm has helped several clients in the Houston area...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Texas on
Q: How to I divide undivided interest before the estate gets passed down to my generation?

When my grandmother passed away, she left the family land to my cousins and I as undivided interest. Once all of her children pass away, the land is divided among the 12 of us. Her children no longer want to deal with the execution of the estate. How can I guarantee a portion of the property comes... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 18, 2020

That sounds like a Life Estate to her Children, then Remainder over to the 12 or their heirs. But I am not reading the Deed or the Probated Will of GrandMother. Hire a competent attorney to search the title, determine what exact type of conveyance it is, then draft a Quit Claim Deed for all the... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Environmental and Land Use & Zoning for Texas on
Q: A neighbor is complaining the tanks in our cattle pasture overflow when it rains and flood his yard. What do we do?
Tim Akpinar
Tim Akpinar
answered on Mar 9, 2020

A Texas attorney could best address your question, but your post remains open for two weeks. If you contacted a few local attorneys, they could probably outline for you the liabilities and repercussions before you, as well as your rights. You could also explore what options are available to stop... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Can I stop my neighbor from subdividing his land?

I own several acres of land. The neighbor behind me has 40. He uses an easment on my property to get to his land. He wants to subdivide his land. That would make the traffic on my land much busier and from what I understand I am responsible for maintaining the easement. Is there anything I can do... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Jan 9, 2020

Start by checking what type of easement he has and whether it gives him the right to subdivide his land and keep the same easement. I'm surprised he's not responsible to maintain the easement. You may want to take the deed regarding the easement to an attorney to review.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Property is in the "estate" of a deceased parent. How can we obtain legal ownership without a will?

We pay all bills and taxes associated with the property and household. There are two other siblings, who have not had anything to do with the property for nearly 20 years, and the spouse of the deceased is still living here but incapable of maintaining anything. The property was acquired before the... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Dec 27, 2019

The spouse will have a right to live their for the remainder of their life regardless of whether it was acquired before marriage.

Ownership of property technically transfers to the legal heirs upon the death of the present owner. If this is your parent and they owned the house before they...
Read more »

2 Answers | Asked in Criminal Law and Land Use & Zoning for Texas on
Q: I was on a nature trail in texas and had my bow with me

because there are coyotes in the area game warden showed up and I went the other direction I they never saw me nor I see them.in the area game warden showed up and I went the other direction I they never saw me nor I see them.I left went to work once my significant other picked me up. there was... Read more »

Roy Lee Warren
Roy Lee Warren
answered on Nov 18, 2019

Thanks for your question. I will give you a site for a video you should watch. Do not speak with the authorities yourself, ever!

They must prove they saw you leaving in a vehicle or otherwise, prove they asked you to stop, prove you heard the request and refused; and you knew they were law...
Read more »

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1 Answer | Asked in Land Use & Zoning for Texas on
Q: My neighbors are violating two city ordinace codes what should I do?
Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Aug 13, 2019

Make a complaint to your city code compliance or zoning office.

2 Answers | Asked in Business Formation, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Can an individual place restrictions on property they are selling if no restrictions were on it before?

My wife and I purchased a 10 acre tract in Polk County on FM 3126 outside Livingston city limits, not in a neighborhood, no HOA or zoning. The land sale contract states "The property shall be used exclusively for agricultural or single-family residential purposes." If we decide to build a... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Aug 13, 2019

I suggest you see if the seller will amend; otherwise, you signed a contract with them and they can hold you in breach of that contract.

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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
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.

https://www.sanantonio.gov/DSD/Constructing/Residential#145101219-zoning

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
PREMIUM
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
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
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
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
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
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.

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