Friday, March 17, 2017

Q&A about Texas land law

Q: We reconstructed a barbed wire fence and moved it a few feet because the neighbor did not want to lose the trees.

Several years ago we needed to rebuild a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the cost with all the neighbor. We were willing to knock the post oak trees that had grown right up in the fence line down, but the neighbor wanted to save the trees and offered to transfer the fence a few feet onto his property. Now we're attempting to sell the land. Likely it's going to have to be surveyed. Do get the legal description of the land restated and we must compensate the neighbor for the value of his property? How should this be divulged to possible buyers? The property can be found in Coleman County, TX,.
Lawyer Answer Ben F Meek III

A: You may sell the acreage together with the fence over onto the neighbor's land and divulge that fact conspicuously in your sale docs. But that raises the issue for the buyer of having his fence on his new neighbor's land and issue to his neighbor's good will about letting it remain there. (However, if the purchaser is prepared to take the home under that state, you can sell it that way). You're on target by means of your notion of buying that strip from your neighbor, if the price is right. Then possess the surveyor upgrade the metes and bounds in your legal description and establish the new boundary. Should you can't get the strip at a decent price, you may have to transfer back your fence onto your property. Use an experienced real-estate lawyer (and a good surveyor). Best of luck to you personally.

Q: I find the house is not in sellers name or our name out after closing on manufactured home& property. It is in probate

It had been sellers dead uncles house. Also determine the realtor told us it was a 2010 version, when in fact it's a 1998. Realtor had house & 3 acres listed in paper, but is about the title when only house shut, found. What can we do?
Attorney Reply Ben F Meek III

A: Seems like fraud. Get an attorney. Contact an experienced property litigator in your area. Many offer free initial consultations.


Q: Is my girlfriend entitled to half my property she's given to care as well as payments and if it's owed?

Before I met her, the property is under my name only and was purchased. I will be filing an eviction suit because she asserts she's rights and will not leave. To my understanding, she's "tenant" rights, because she lives here I have to give her a specific time to vacate the premises and if she still refuses afterward I should follow up with the eviction suit. I will be doing that at the moment, but she wants to settle this on our own without being forced to visit court but needs to stay with the property because she says shes en entitled to half... We don't have any kids and I have been divorced from my 1st wife, so some tips is known by me. My ex wife stayed with the property we bought as married but both kept out properties that were different. What will happen in this particular case if I'm not married to my girlfriend and my property is in my name only?
Attorney Answer Ross F. Tew

A: It sounds just like the both of you could sort this out with a mediator's advice. I doubt she will agree to anything if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property.

Q: How do I prevent my neighbor from parking in regards to a foot onto my driveway?

His vehicle is parked by my neighbor onto my paved driveway causing me to must veer to the best to stop my drivers side door from hitting at his vehicle about one foot.
Attorney Reply Peter Munsing

A: You could call the cops. However, as a neighbor who seems to be passive aggressive or either blind, you don't need him to get focused on you. Perhaps ask across the area to find out what this person's angle is.

Q: My neighbor next door passed away and I'd like to obtain the property.

My neighbor lived like a hermit. His siblings had nothing to do with him. He's one living daughter that he had no contact with. I had been thinking that if I got in touch together with her, that I possibly could get the property from her since she is the only real surviving next of kin and it is my understanding that the property has gone intestate. Which I realize to consider that the property now belongs to his daughter. Do I perhaps have her sign within the house in my experience or must get a lawyer.
Attorney Solution Ben F Meek III

A: Unless it goes assuming she wasn't a joint tenant with her dad she may not have title to the property. She's now the only owner and probate might be not required, if her dad and she were joint tenants with right of survivorship. If her daddy was the only owner -- or if she was a co-owner but not a joint tenant -- probate almost surely will probably be required to pass title to her so that she is able to sell to you personally. She can produce a contract beside you to sell the property she expects to inherit, but if you wish to try this, you'd best have an attorney -- if there are heirs you do not know about, or if he died with a legal will, her contract with you may not mean much other than a suit. I would suggest speaking about your interest in the house to her. Then if she's really the legal owner and is prepared to sell it to you, hire a lawyer to safeguard you using a purchase contract, to check that you will be receiving clear title to the home, along with other legal counsel that is sensible. PS: My opinions here are offered for information purposes only and are not legal guidance about your unique situation or any possibly related law. They're not offered as an invitation to join in, nor intended to create, nor do they create, an attorney-client relationship.

Q: My brother is executer of dad's will. Probate was never gone by the will. In the will my dad stated he needs the

House to go to my brother, me and my dead brother's kid. Can my brother sale house without probate? If will has to go thru probate is my signature needed and signature of dead brother's child? I believe he's attempting to cut on my neice out of the will. She can fight if she knows what is happening and is an adult. I don't desire to be engaged in almost any conflict.
Lawyer Answer Terry Lynn Garrett

A: The Will ought to be probated, while in theory title to the house could be transferred by means of an Affidavit of Heirship recorded together with the clerk of the county where the property is found. Texas Estates Code 252.201 demands that a person who owns a Will turn it around to the court clerk when told of the death. Secreting or ruining a Will is a criminal offense. If someone asking them is refusing to try it or hiring a lawyer to ask them to do this will necessarily place you in battle with them, just as your concern about what's right is doing now. But this does not necessarily imply that you have to be drawn into litigation.

Q: Can I add my daughter as owner of my home in Texas with out her being on the mortgage?

Attorney Answer Ross F. Tew

A: I wonder what you happen to be looking to achieve when you say you need to add her as an owner. If it is a method to offer her the house after you have passed, you can do this in a Will, using a deed allowing an enhanced life estate on your own, or with a transfer on death deed, generally called a ladybird deed. A normal mortgage will have a provision it can be foreclosed also when you deed the home to somebody else without paying off the mortgage, you have defaulted on the mortgage. You definitely should sit down with the attorney and explain exactly what you intend to carry through so she or he is able to assist you to assess your options.

Q: Could I get my pre paid rent back (6 months) if I am breaking lease due to domestic violence? I've a protective order.

I pre paid the entire 12 months in advance but I Have only been here 5. I'm needing to transfer but I can not without my refund of the rent I Have paid. I've got police reports and a protective order.
Lawyer Reply Kiele Linroth Pace

A: Just specific kinds of order that is protective supply you with the right to break a lease. This will not incorporate a magistrate's EPO or a divorce TRO. The facts are here in Texas Property Code 92.016 but that only truly addresses whether or not you've to give 30 days notice and pay for it along with back rent. It will not actually address prepaid rent. You will not have to sue the landlord for that.

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