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Real estate law Texas Q&A

March 17 2017 , Written by Ruth Baker

Q: Just how do I prevent my neighbor from parking in regards to a foot onto my drive?

My neighbor parks his vehicle onto my paved driveway causing me to need certainly to veer to the right to prevent my drivers side door from striking at his vehicle about one foot.
Lawyer Answer Peter Munsing

A: You could call the cops. However, as a neighbor who seems to be either blind or passive aggressive, you don't want him to get focused on you. Perhaps ask around the locality to determine what this man's angle is.

Residential real estate lawyer - Toronto

Q: do recorded limitations and covenants have to be refiled or is the expression defined in the document

Lawyer Solution Brian Lehman

A: It is dependent upon the language of the covenant, although I'd check with a lawyer in the event that you have to be completely sure.
Here is an overview: http://www.wcglaw.net/assets/docs/publications/Amend%20Modify%20Restrictive%20Covenants.pdf
This is a flow chart that might be helpful: http://www.houstontx.gov/planning/Neighborhood/docs_pdfs/restrictions_info.pdf

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

Many 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 down but the neighbor needed to save the trees and volunteered to move the fence several feet onto his property. Now we're trying to sell the acreage. Probably it's going to need to be surveyed. Do we need to compensate the neighbor for the value of his land and get the legal description of the acreage restated? Should this be revealed to prospective buyers? The property can be found in Coleman County, TX,.
Attorney Answer Ben F Meek III

A: You can sell the property together with the fence over onto the neighbor's property and disclose that fact conspicuously in your sale docs. But that raises the problem of having his fence on subject and his new neighbor's land to his neighbor's good will for the buyer about letting it remain there. (Still, in the event the purchaser is prepared to take the house under that condition, you might sell it that way). You happen to be on target with your notion of purchasing that strip from your neighbor, if the price is right. Then have the brand new border is established by the surveyor and update the metes and bounds in your description that is legal. You may have to transfer your fence back onto your land in case you can not get the strip at a fair price. Use an experienced real estate attorney (and a great surveyor). All the best for you.

Q: My mom died 4 months ago, left no will. Her empty house is behind 16 pymts ($12,000 ( now. Owed.) How exactly to carry on?

House source $127,000, been unoccupied, is to worth in desperate states. in livable need of repair, not Present estimated value less, $57,000 owed on mortgage, what are options?
Attorney Solution Ross F. Tew

A: It's possible for you to apply to the Probate Court to be appointed as the Administrator of the Estate. As the Administrator you take whatever measures are needed to get the property sold, can hold off the foreclosure, then settle up together with your mom's creditors and distribute her estate to her heirs.

Q: My brother was incarcerated and his own wife sold their house and had her ex husband Forge his name what can he do about it

Attorney Answer Kiele Linroth Pace

A: Forgery of a Deed or Mortgage is a State Jail Felony that should be reported to law enforcement. Second, see a family law attorney in regards to a divorce along with the proper division of the marital assets.

Q: my father sold his home but the new owner never altered it over to her name can my dad legitimately get the house back?

Lawyer Solution Ross F. Tew

A: Maybe, but when payment was received by him for the sale from the brand new owner, he's just inviting a suit by attempting to assert his possession of the property, or by running another sale to some other buyer.

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

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

A: While in theory title to the home could be transferred by an Affidavit of Heirship recorded with the clerk of the county where the property is found, the Will must be probated. Texas Estates Code 252.201 demands that a person who have a Will turn it around to the court clerk when informed of the departure. Destroying or secreting a Will is a criminal offense. If a person asking them is refusing to try it or hiring an attorney to request them to do this will inevitably place you in conflict together, just as your concern about what is right is doing now. But this does not automatically imply that you have to be drawn into litigation.

Q: When my husband filed divorce he got the house I'm still how do I get off of it, I used to be in federal prison

Lawyer Reply Brian Lehman

A: The loan along with the section of assets are various problems. I'd recommend talking with a lawyer about filing a motion together with the court that requires your husband to take your responsibility over on the home. But since the loan was from the financial institution, I do not believe there is anything more you could do to take yourself "off" the loan.

Q: I find the house isn't in sellers name or our name out after shutting on land & manufactured home. It is in probate

It had been sellers departed uncles house. Also learn the realtor told us it was a 2010 version, when in fact it is a 1998. Realtor had 3 acres recorded in paper & house, but is to the title, when we shut, found only house. What can we do?
Lawyer Reply Ben F Meek III

A: Sounds like fraud. Get legal counsel. Contact an experienced property litigator in your area. Many offer free initial consultations.

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

Lawyer Response Ross F. Tew

A: When you say you need to add her I wonder everything you happen to be looking to achieve. If this is a means to offer her the house after you have passed, you can certainly do this in a Will, using a transfer on death deed, or using a title reserving an increased life estate on your own, typically called a ladybird title. An average mortgage includes a provision that when you title the home to somebody else without paying off the mortgage, you've got defaulted on the mortgage plus it can be foreclosed. Clarify that which you want to carry through so she or he is able to enable you to assess your choices and you definitely should sit down with the attorney.

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