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Texas Land Use & Zoning Questions & Answers
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... View 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.

1 Answer | Asked in Real Estate Law, Elder Law, Land Use & Zoning and Probate for Texas on
Q: I would like to know if I will have the right to adverse possession upon my grandmother's passing.

I have been living with her since 2013, taking care of the farm. She has a will that includes 1/3 to each of my aunts and a split third to my sister and myself. I have worked very hard on the upkeep of the property while none of the others have lifted a finger to help in any way. In fact, they... View More

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Jan 16, 2018

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... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: Fence property line

My late father built a cement block fence at his home several years ago. It was built one foot inside the neighbors property lot. We are now selling the home and the neighbor says we cannot or she will sue. She wants a payout or for us to pay the property taxes of the fence. What exactly can they... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 11, 2017

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... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: I have a few questions concerning a drive way easement that we were granted a few months ago.

We were granted and legally filed a driveway easement a few months ago. The land with that easement on it was recently sold and the new owners are aware of the easement but decided they wanted to install a fence. The fence was installed down the center of the easement. From our research and from... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 11, 2017

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...
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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Land Use & Zoning for Texas on
Q: Mother died. Left house, buyer claims all land with purchase. Half property 100% to mom's sis who didnt sale. What now?

Sale was done without our aunt's knowlegde. According to sale contract all of address was for sale. Only half of property was our mom's. According to appraisal the buyer would only be paying for mother's side though.

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Sep 24, 2017

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.

1 Answer | Asked in Land Use & Zoning, Probate and Real Estate Law for Texas on
Q: Step mother fails to probate will within 4 years as required in Texas. Was to settle estate now. Wants to use date of

Death as value of house (5 years ago) worth 100k more. Which is the correct number to use? What would the state use if they were to divide property?

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 11, 2017

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... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Texas on
Q: Whats the minimum time an unauthorized roomate has to leave when told by the land owner.

I was invited to live on a piece of land by a friend who had a lease stipulating 4 people could live there. 6 weeks after i moved in the land owner gives him a letter of eviction giving him 30 days to leave as stipulated in the lease agreement, in the same letter she gave me 48 hours to vacate... View More

Matthew S Tadlock
Matthew S Tadlock
answered on Sep 19, 2016

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...
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