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Texas Real Estate Law Questions & Answers
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... Read more »

Anthony M. Avery
Anthony M. Avery 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 Real Estate Law for Texas on
Q: My mother passed away recently. In her will she left her house to me. There is still money owed on the mortgage.

What should I do about claiming the home? I am making the mortgage payments now but would like the home put in my name.

Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

Unless the Will is filed for Probate, it has no effect. If you are the only heir, then a recorded Affidavit of Heirship would give you a source of title. But if not, then either Probate the Will or share ownership with the other Heirs. If the Note is not paid, Foreclosure will occur against the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My dad owned my familys home till he passed away He did not leave a will Can someone evict a current resident?

No legal resident has ownership at this time and the house is still in his name.

Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

The Decedent's heirs at law own the property. Any heir as a tenant in common has standing to file an eviction action to recover possession of the property. An Affidavit of Heirship being recorded would help establish standing in Court.

1 Answer | Asked in Real Estate Law for Texas on
Q: Deed Restriction "Domestic Livestock for Personal use only"

I am about to purchase a home with 15 acres of land. The deed restrictions says "Domestic Livestock for Personal use only". There is nothing says about how many heads per acre or poultry or any type of animals not allowed.

Can I still raise Chicken / Deck ?

Can I sell... Read more »

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

I don't know that there's any fixed amount, if it's not contained in the deed restrictions. You might want to check with the homeowners' association and see how they've been handling it. They may have rules and an enforcement history that address the issue.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Texas on
Q: I'm the Landlord,my rental contract between both parties has expired in 2017.Although the contract has not been re-signe

We still maintain the rental relationship.Recently,due to the damage of the house.Tenant is unwilling to take responsibility for repairs.But in our old contract,these damages should be repaired by the tenant.Can I ask him to take responsibility for repairs,even if our contract has... Read more »

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

When the original term of a lease expires and the tenant stays in the property, the tenant does so under the same terms as the original lease, but becomes a month to month tenant. Your lease appears to have an increased rent amount, but if you've been accepting rent under the old rate for 2-3... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My mom has just castaway. An she has 3 properties in her name an no will was ever made.what happens to these prperties
Teri A. Walter
Teri A. Walter answered on Apr 29, 2021

If there is no will, when someone dies, their property passes under the rules of intestate succession. A chart showing how this works can be found here: https://texaslawhelp.org/sites/default/files/texas_descent_and_distribution_chart.pdf

You should talk to a probate lawyer in your area to...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I filed a lien on a property in Galveston county for non payment on construction work which was finished.what's
Teri A. Walter
Teri A. Walter answered on Apr 26, 2021

What's next (assuming they don't pay, you've sent the proper notices, and your lien is timely) is to file suit to foreclose the lien. For residential projects, the suit must be filed in 1 year; the deadline is 2 years for commercial projects. You can recover interest at 18%, plus... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: The couple's lawyer states that we need to go to PR to sign contract. That we can not email signatures.
Teri A. Walter
Teri A. Walter answered on Apr 22, 2021

Sorry, that's a statement, not a question, and I don't know what "PR" means. Real estate contracts are frequently signed electronically, or signed and emailed.

1 Answer | Asked in Real Estate Law for Texas on
Q: is putting a shed on property Consideried altering property

our land lord told us we could move a shed on to property before we rented it 6 months later he gave us 30 days to leave for altering property it states in lease must have written authorizion to alter property I didn't know that was a alteration

It also state he must give written... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 20, 2021

Assuming the shed is not permanently attached to the land, it would not normally be considered an alteration to the property, but it's possible there may be some other lease violation (such as violating HOA restrictions).

In the meantime, if the house has serious maintenance issues...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I have a issue for the rental properties, could you please help evaluate the case?

The problem is that the contract was from 3/1 /2020 - 3/31/2021 It was originally supposed to be for 12 months. The realtor agent, K, made a mistake on the contract, ending it at the end of March of 2021 instead of the beginning, making it a 13 month contract. I contacted the agent after I signed... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 15, 2021

I suspect that the lease agreement calls for monthly rent, paid in 6 month increments. Just because the lease is silent (if it is) on when other rent payments are due doesn't make it free. If that's correct, then I suggest you first sue the tenant for the unpaid rent, and find a new... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I live near a property where the women who lived there passed away in August 2019. What happens if no one claims it?

She had no spouse, parents, siblings, or children. She does have 7 nephews/nieces. I want to get this property sold as I'm working on cleaning up my neighborhood. What can I do? Contact the nephew? What then? I know probate can take a while, but I don't think the extended family knows... Read more »

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

If you think the family doesn't know about the property, you may want to contact them. Maybe you could work a deal to buy the property, after either the probate of the owner's will, or an heirship proceeding to determine who should inherit her property.

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.

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: As an hair to an estate, what rights to I have over the administrator of the estate

My father is the administrator of the estate. As an air do I have the right to see all the documents that have to do with the state and bills being paid

Isaac Shutt
Isaac Shutt answered on Apr 11, 2021

You sure do! First of all, you should receive an inventory of the estate's assets within 90 days from the time your father was appointed. If you didn't get that, make sure your father supplies that to you ASAP. Secondly, 15 months after the time your father officially became the... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Home Deeded in one name and Mortgaged in another.

I recently discovered my single dad, whom has a mortgage, deeded the house to me and his name is no longer on the deed. He is still paying the mortgage. If he defaults on his loan can the bank foreclose on the house, or will any of this ruin my credit in any way? Would he be able to refinance or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2021

You have taken title subject to the mortgage. It is his debt as the notemaker, but the real property stands as secured collateral. The lender can always foreclose if the note is not paid or other terms are not met. It is not your debt.

2 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Identity Theft for Texas on
Q: A friend who's in real estate said he can get us a $2million loan to get me started. What legal actions should I take?

After knowing how good my credit scores are. He then sent me an email to sign.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Why is this posted under the Criminal Law topic? Taking out a loan is not a crime. Do you suspect fraud?

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1 Answer | Asked in Real Estate Law for Texas on
Q: As a seller, am I permitted to take my personal property such as tv brackets, shelves, curtain rods, hooks etc.

There is no non realty adendum and I was told I could take anything not attached to the house but the buyers atty is saying I cannot take the stove. My agent no longer responds to me

Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

If it's permanently attached to the house, it's a fixture - meaning it's a part of the real estate - and should not be removed without an agreement to do so. The appliances are typically not permanently attached, but just plugged in, and are therefore personal property that can be... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Am I personally liable while working as an assistant to a property manager? What kind of lawyer should I consult?

I am working on the side for an out-of-state real estate investor for the past couple of months. He uses an LLC for all his properties. I do some admin work and showings for tenants.

A new tenant asked for a pic of my ID bc she was worried about scams. I covered up everything except my name... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

You will always have personal liability for your own actions, no matter what agreements may be in place, and regardless of whether you are an employee or independent contractor. The landlord will also be liable for your actions taken as their agent, regardless of what agreement may exist between... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I live near a property where the women who lived there passed away in August 2019. What happens if no one claims it?

She had no spouse, parents, siblings, or children. She does have 7 nephews/nieces. I want to get this property sold as I'm working on cleaning up my neighborhood. What can I do? Contact the nephew? What then? I know probate can take a while, but I don't think the extended family knows... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

Contact one of the heirs and let them know about the situation. They may want to sell or to use the property themselves, and will need to start a probate proceeding to be able to transfer title.

2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: After signing the purchase contract for a new home the seller is now asking for about 50k more, Is this legal to do?
Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

It's perfectly OK to ask, and it's also perfectly OK for you to say no.

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1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: WAITING ON THE DIVORCE TO BE FINALIZED. SHE MOVED OUT OVER A YEAR AGO LEAVIING ME TO PAY THE MORTGAGE.

PAYING THE MORTGAGE ALONE HAS PUT ME IN A BIND FINANCIALLY. THE HOME WILL NOT SELL FOR THE AMOUNT NEEDED TO NOT OWE THE BANK MONEY. WHAT ARE MY OPTIONS?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

Get a lawyer to possibly get a hearing date sooner than play the waiting game, so the court can make some orders regarding the house. It may come down to selling the house at a loss. Or the court may order her to pay half the mortgage until it’s sold.

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