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Texas Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for Texas on
Q: Can a person with land near you intentionally give someone else permission to use it to spy on your family
John Michael Frick
John Michael Frick
answered on Sep 17, 2023

Yes, a person can allow someone else to use their land to perform surveillance on you.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: We are in the process building a pool in our backyard. We have a 16 foot utility easement across our backyard.

We received a consent to encroach from City of Houston where they authorized building the pool. We ran into a gas line while digging, and Center Point Energy is claiming we cannot encroach on the easement and need to fill the hole in our backyard, otherwise they will file "unauthorized... View More

John Michael Frick
John Michael Frick
answered on Oct 14, 2022

Offer Center Point more money.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Can my property manager make me install skirting on my deck even when it costs hundreds of dollars

I own the mobile home but not the lot it sits on. The new property manager is demanding I install skirting on my deck or I will be penalized. Is this legal? What if I can't afford it?

John Cucci Jr.
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answered on Oct 8, 2022

The park where you have your trailer has rules and regulations. I'm sure when you first started staying there, you signed some kind of agreement or lease. That document will tell you all the rules and requirements that you must abide. Take a look and see what it says about the need for a skirt... View More

1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: I need to see my Father's will..I was granted 20 Acres at 34.2 w 2.20e on Howard county. How is the best way to get it.

My siblings are trying to keep the land, saying I won't be able to make the taxes.

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Obtain a copy from the clerk of the probate court where your father's will is being probated.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: We have a neighbor that is putting up a fence and the corner of the fence is going to block our drive. This corner was

Established our 30 years ago. Can he legally do this? The lines that he has on ground, my mid size SUV will barely fit thru, so I know a dump truck will not. What can we do?

John Cucci Jr.
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answered on Jul 20, 2022

The best way to handle this issue is to try to talk it out with your neighbor before the fence goes up. It would be great if you had a survey that shows the lines, etc. If that will not help, then you may need to file for an injunction in Court to prevent the fence from going up. I'm not sure... View More

1 Answer | Asked in Agricultural Law, Energy, Oil and Gas and Land Use & Zoning for Texas on
Q: We own 83 acres of timber but not mineral rights. We have several homes (children) on our property and a cluster well.

We do not own mineral rights. Just received call from driller advising they will be drilling oil on our land. How do i protect our homes timber and water source?

Aimee Hess
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Aimee Hess
answered on Jul 13, 2022

In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas.

The Texas Railroad Commission, the state agency which regulates oil...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: A man has moved an RV on my property and lives on the property without my permission. How do I get him off my land?

I have the deeds to the land and pay the taxes every year but the individual has claimed that the land belongs to him and he has deeds too.

Anthony M. Avery
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answered on Jul 12, 2022

You must hire a very competent TX attorney to search both asserted chains of title, then prosecute an Ejectment Action. Hopefully you are not too late. It will be expensive and difficult.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: I own 5 acres of land in Texas, I recently built a home on this land, does my land's Deed serve purpose for title too?
John Cucci Jr.
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answered on Jun 24, 2022

Absolutely! The deed, when filed with the County Clerk, is the first and only proof of your "title" to the land. The whole idea of having Title to land is that Title grants you status. That status gives you all the rights of ownership to the land. Most importantly it gives you the right... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: I have a abandoned property next door which is causing me issues, I would like to buy it however no one knows the owner.

I was recommended adverse possession due to I have been maintaining it & I haven’t been able to find the owner or relatives.

Anthony M. Avery
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answered on Mar 3, 2022

Usually the easiest way to obtain abandoned property is a Tax Sale, so check on its tax status in your County. But you will also need a TX attorney to search the title and determine ownership, easements, etc.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Does "perimeter fence" include ANY fence?

An HOA's restrictions include a prohibition on any fences being "forward of the front wall of the house." It does not contain any further language pertaining to fences or front yards, besides a brief requirement on what materials fences can be made from.

Last fall, a new... View More

John Cucci Jr.
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answered on Feb 19, 2022

The rules against a fence forward from the front of the house is usually made to protect people from crashing as they exit their driveway. I think the best way to handle your issue and question, is to use a "see through" fence in the front of the house. If there is a direct conflict with... View More

1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: If I'm building a house for cash paying for it upfront on some land do I need a deed
Teri A. Walter
Teri A. Walter
answered on Dec 6, 2021

If you already own the land, you already have a deed which covers everything that is permanently attached to the land, or that becomes permanently attached to the land; this would include a house (assuming it's not on wheels). If you're buying the land, then yes, you'll need a deed,... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: My neighbor connected their water utilities to my water meter, what can I do?

I purchased a vacant lot that has a water meter on it. I'll call my property lot 1. That water meter was listed with the city for both lots 1 and lot 2 since the previous owner owned both lots, the water meter is physically on my property. However lots 1&2 are now owned by different people... View More

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

It sounds like you have a trespass claim against your neighbor, and damages from any unrepaired trench on the property, as well as the cost of providing water to your neighbor, and possibly for the cost of installing a new water line and meter. Depending on the circumstances and expense, there may... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: How do I correct a light trespass in an unincorporated town in Texas?

Neighbor's wall pack security light encroaches onto our property.

John Cucci Jr.
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answered on Aug 23, 2021

Hi:

I would first suggest that you talk to your neighbor, who has the offending light. This may save you lots of time, trouble, and it is the right thing to do. . . if possible. I would like a more complete description of the light, the timing of it and other relative details, like whether...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: If a homeowner passes & the heir does not claim the home or pay taxes can a neighbor acquire through adverse possession

The previous homeowner passed 4 years ago and the home has remained empty. The next of kin have shown no interest in the property. Can a neighbor care for the property (agricultural and house) and become the owner using an adverse possession claim?

Teri A. Walter
Teri A. Walter
answered on Aug 12, 2021

Yes, if you hold it exclusively for long enough. The minimum period in this situation would be 10 years.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Probate and Estate Planning for Texas on
Q: I have a home on my grandmother's property that was left to be inherited by my mother and aunt equally. What happens?

Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no... View More

Teri A. Walter
Teri A. Walter
answered on Jun 29, 2021

The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be... View More

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Texas on
Q: Flooding rain water into our rental soaking a bedroom carpet. Management co. wants us to move out.

Offered another rental at a higher price with a year lease. What is their obligation to me. Regarding moving costs, and inconvenience etc

Tim Akpinar
Tim Akpinar
answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for a week, and it sounds like you are under pressure to make a decision. There's no guarantee all posts are picked up, but you could repost your question under the Landlord-Tenant category. You'd have better chances of a... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Can a driveway be shared equally between properties regardless of the number of owners of the properties?

My neighbor has a driveway with access to part of my land which they let me use anytime I want, but I want to make them a cash offer so that it gets permanently written into the city land records that these two properties equally share the driveway no matter who owns the properties. That way if I... View More

Anthony M. Avery
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answered on May 10, 2021

Hire a competent attorney to draft a Joint Permanent Use Easement for all Parties to agree to.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: I live on a property with a man who is trying to do squatters rights. I live in a seperate trailer. He turned off part

Of my electric. I'm not sure he filled rights correctly either. How can I go about finding out and also is there a way to override his claim on the property.

Teri A. Walter
Teri A. Walter
answered on Apr 14, 2021

You don't mention what your rights or claim to the property are, or for that matter, what the basis of the other person's claim claim is. Without knowing both, it's impossible to answer your question.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who is responsible for fixing erosion of land under the perimeter subdivision fence?

I have severe erosion under my rear fence which is the subdivision perimeter. The subdivision was developed 20 years ago and done with improper terracing around the sudivision. I built my house in 2005 through a home builder that bought lots within the subdivision. Of course, when we purchased our... View More

Teri A. Walter
Teri A. Walter
answered on Jan 28, 2021

Sorry, the original developer isn't going to be responsible for something happening 20 years after they finished the development. The HOA may or may not be responsible - review the deed restrictions to determine their authority and responsibilities. It could be that this is something the... View More

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Texas on
Q: Vmp mortgage solutions is this VETERNANS MORTGAGE SOLUTIONS INC. IM SO CONFUSED WITH ALL THIS MORTGAGE COMPANY AND BOA?

I dont understand this the more I send to clear title on mortgage loan the boa sends to clerks to submit against me and there adding to what is already documented! Bexar County Clerks are allowing add ons and extension, refinance documents to be added to records already there. How is this happening... View More

Anthony M. Avery
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answered on Dec 18, 2020

It appears that you need a competent Texas attorney to conduct a title search. Then with your belated Release, he should be able to discern how to properly clear your Title. The Release probably only affects some of your recorded instruments, and you may need more Releases.

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