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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: I need access to land that is land locked and railroad personal crossing seams to be best choice of action. This is in t

Land was originally one parcel with subject parcel lifted to present owner without a easement to land

Anthony M. Avery
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answered on Feb 13, 2025

Hire a TX attorney to search your title and the adjoining parcel's title. Express Easement must be in servient parcel's title, not yours. Otherwise sue to declare an easement by necessity, prescription or implication.

1 Answer | Asked in Immigration Law and Real Estate Law for Texas on
Q: Hello all, Is it possible for an undocumented immigrant to privately rent an apartment?

Regarding my question, I would like to add, would it be possible to rent an apartment if I have a good income and a lot of money saved as well as other assets. I would also be willing to double the security deposit. Would these factors help find rented accommodation even if I’m undocumented with... View More

James L. Arrasmith
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answered on Feb 3, 2025

Finding housing as an undocumented immigrant can be challenging but is legally possible in the United States. Your strong financial position, including savings and reliable income, could help overcome some barriers when approaching private landlords or property management companies.

The...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Hello - can you tell me if a civic association of a sub-division can sue me?

We have a building in a sub-division and the sub-division does not have an HOA. We have a business in the sub-division and they are suing stating we cannot run a business out of our location.

Anthony M. Avery
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answered on Jan 20, 2025

Plaintiffs are probably claiming you are violating Zoning Laws. Hire a TX attorney now to possibly save your business, or move it.

1 Answer | Asked in Real Estate Law, Business Law, Civil Rights and Landlord - Tenant for Texas on
Q: someone claimed they lived on our business property & now wants to take possession of items. We never had any agreement

We have never verbally or in writing had a tenant agreement with her. She came to the property without my knowledge, visiting someone else that was living there. Each time we saw her we told her to leave & she did, but kept coming back. Most of the time she would come back & we... View More

James L. Arrasmith
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answered on Jan 18, 2025

This situation revolves around property rights and ensuring the security of your business premises. Since there was no agreement allowing her to reside or access the property, and you’ve consistently informed her to leave, she does not have the legal standing of a tenant or lawful occupant.... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Real estate Attorney question

My mother has property that was given to she and her sister by my grandmother, located in Texas.

It's 2 acres of land, the deed states it was left for my mother and her sister, as 50/50 ownership.

My mothers sister (My Aunt) has passed away, my mother is still living.... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

Yes, she can file a suit to partition in kind, asking that she be awarded o.ne acre as her sole property and that the other acre be awarded to your cousins.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I have paid off liens of my house and taxes for 15 years, solely. There are are 3 heirs. Do I have any rights?

My dad stated I would be owner he he passed. My brother was the administrator and didn’t pay off the liens on the house nor distribute the estate money. The house went into foreclosure and I paid the liens off to keep the house because I was already living there with my children. I want to know... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You can file a suit to partition the property by sale and offer to buy out the other two heirs' interests.

1 Answer | Asked in Real Estate Law and Civil Rights for Texas on
Q: Condo which applies to Ch. 81 & 13 retroactive provisions of Ch. 82. Regarding displaying religious symbols.

More specifically, I previously read somewhere before and I can neither find it in the by-laws, declaration, Ch. 81 or Ch. 82 that you may not deny postings of religious items such as your front door or garage door. This pertains to wanting to fly an Israeli flag by someone of the Jewish faith. I... View More

James L. Arrasmith
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answered on Oct 8, 2024

In Houston, Texas, condominium associations are generally governed by the Texas Property Code, specifically Chapter 82, known as the Texas Uniform Condominium Act, and by Chapter 81 for older condos. Both chapters address how condos should operate, but neither directly prevents you from displaying... View More

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Im selling two adjacent properties in Texas one is our primary residence, w/loan second no mortgage.

Total profit for both is $555k

We do qualify for capital gains deduction on the first home. Cash buyer wants one transaction can we separate funds after for taxes

James L. Arrasmith
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answered on Oct 3, 2024

When selling two adjacent properties in a single transaction, it’s important to carefully consider how the funds are allocated to maximize your tax benefits. Since one property is your primary residence, you may be eligible for the capital gains exclusion on up to $250,000 of profit ($500,000 if... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I got rental assistance from a church. The check takes 2 weeks to mail. Can they still evict me or make me pay?

The property manager is the one who told me to call this organization to help. She is telling me now I have to balance or she will file for eviction. They have already mailed the check out. She just hasn’t received it.

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

A landlord can evict a tenant if the tenant fails to timely pay rent as agreed in the parties' lease agreement.

2 Answers | Asked in Real Estate Law and Insurance Defense for Texas on
Q: I own an El Paso, TX home mom is living in, sister has caregivers with no liability insurance. Can I require insurance?

I own an El Paso, TX house my 88 year old mom is living in, and have discovered that the caregivers employed by my sister do not have any insurance of any kind. No liability insurance nor worker's comp.

This puts me at great risk, since a claim could wipe me out financially.... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

Under your circumstances, you should hire a licensed home health care company to provide care for your elderly mother. Hiring random people to act as caregivers for an elderly person sounds sus and is very risky.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Does an existing easement shown on a survey have legal standing?

I’m in the process of trying to find my first home to purchase. The one I really like is a landlocked property with an existing 40ft easement that does show up on the property survey. Does that mean legally I would always have access to ‘my’ property? Or would the neighbors who own the land... View More

Anthony M. Avery
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answered on Sep 24, 2024

Surveys do not convey title nor easements. Hire a TX attorney to search the titles and determine whether an easement exists or not. Then either get the property with access or go somewhere else.

2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What are my chances of winning in JP Court after breaking a lease due to uninhabitable conditions where I had to a Doc.

The house was infested with fleas I was bitten over 80% of my body I went to the doctor I took pictures also sent them to the landlord without any response. He sent me a letter afterwards and also text me saying that don't mistake his kindness for weakness. Here in Texas the amount starts at... View More

John Cucci Jr.
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answered on Sep 5, 2024

It was hard to determine exactly what you were asking about. Winning an Eviction trial, or winning a damages case for negligence or breach of contract by the Landlord when he refused to remedy the bug problem in your apartment.

If it is about an Eviction trial coming up, your lease will...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I am a tenant and needed to know the steps I can take to evict someone not on lease but who has “established residency”.

They refuse to leave and the cops said I would have to file eviction but when I pull up eviction paper from county courthouse it has ‘landlord name’ for the blank space and I’m wondering if judge will grant me as the tenant the eviction

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to report the unauthorized squatter to your landlord and allege that the landlord is interfering with your right to "quiet enjoyment" of the premises you lease from it.

It then becomes incumbent on your landlord to evict the squatter.

1 Answer | Asked in Real Estate Law for Texas on
Q: I sent techs to for repairs on my rental property. Is the tenant responsible to meet with techs to address the issues

I sent a technician out to work on the ac unit. My tenant did not meet with the technician to explain the issues with the ac unit. I’ve had 3 technicians go out to service the unit and they said it’s minor leak and replaced the coolant and compressors. My tenant said it’s not working but... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2024

The tenant’s responsibility is to report the problem to the landlord and to give the landlord a reasonable time to make the necessary repairs.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Texas on
Q: My mother recently passed and the home she lived in was my grandmother’s which she passed away 37 years ago. The deed

is still under my grandmother’s name. What happens to the home and who does it belong to?

Anthony M. Avery
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answered on Aug 22, 2024

Hire a TX attorney to search the title and determine heirship. Someone needs to pay taxes or it will be lost.

1 Answer | Asked in Real Estate Law for Texas on
Q: my wife's husband died 14 years ago, and now she wants to sell house but it is her late husband's name.

What does she need to put house in her name

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

She can take a certified copy of her late husband's will and the order admitting his will to probate to the title company to establish a clear chain of title to her.

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: What is the purpose and justification of the Circuit Breaker Cap property valuation reduction adjustment, in Texas?
James L. Arrasmith
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answered on Aug 1, 2024

The Circuit Breaker Cap property valuation reduction adjustment in Texas is designed to provide relief to property owners facing significant increases in their property values. This adjustment limits the amount by which a property's taxable value can increase from year to year, thereby... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: I'm a handicapped business owner who could not move during natural disasters. Judge did not give me extra time to move .

I tried to e file request but was ignored . Also

Never got a hearing , trial , just a judgment ok n mail. I'm in a wheelchair and was not able to move during floods ! This is not an excuse it's fact

How can I be responsible for acts of god ! And lose everything ! There... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you've been through a very challenging situation, and it's understandable to feel that the judgment you received was unfair. Generally, laws like the Americans with Disabilities Act (ADA) provide protections for people with disabilities, ensuring that they have equal access... View More

1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

3 Answers | Asked in Products Liability and Real Estate Law for Texas on
Q: A friend asked me to come and bid for a half interest on her house andher attorney showed up and outbid me. Feel defraud
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Seems counterproductive for your friend for her attorney to have to outbid you for her half-interest in her house.

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