Q&A about Texas land law

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

Many years ago we needed to rebuild a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the price with the neighbor. The neighbor desired to save the trees and offered to move the fence a few feet, although we were willing to knock down the post oak trees that had grown up in the fence line. Now we are attempting to sell the land. Likely it's going to need to be studied. Do get the legal description of the acreage restated and we must compensate the neighbor for the value of his property? How should this be divulged to potential buyers? The property is located in Coleman County, TX,.
Attorney Solution Ben F Meek III

A: You may sell the land together with the fence over onto the neighbor's land and divulge that fact prominently in your sale doctors. But that raises the problem of having his fence on his new neighbor's land and subject 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 may sell it that way). You are on target along with your idea of buying that strip out of your neighbor, in the event the cost is right. Then have the new border is established by the surveyor and upgrade the metes and bounds in your description that is legal. Should you can not get the strip at a fair price, you may have to move your fence back onto your acreage. Use an experienced real-estate attorney (and a great surveyor). All the best to you personally.

Q: do covenants and recorded limitations need to be refiled or is the definition of defined in the document

Attorney Answer Brian Lehman

A: In the event you have to be completely sure I'd check with a lawyer, but it depends upon the language of the covenant.
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: Just how do I prevent my neighbor from parking about a foot onto my driveway?

His vehicle is parked by my neighbor about one foot onto my paved driveway causing me to need to veer to the right to stop my drivers side door from striking at his vehicle.
Lawyer Reply Peter Munsing

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

Q: My brother is executer of father's will. The will never went probate. In the will my dad said he needs the

House to really go to me, my brother and my deceased brother's kid. Can my brother sale house without probate? If will has to go thru probate is signature of dead brother's child and my signature needed? I believe he's attempting to cut my neice out of the will. She will fight if she understands what is occurring and is an adult. I do not desire to be involved in any battle.
Lawyer Response Terry Lynn Garrett

A: The Will ought to be probated, while in theory title to the home might 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 needs that a person who have a Will turn it over to the court clerk when told of the departure. Destroying or secreting a Will is a criminal violation. If someone is refusing to do this, asking them or hiring a lawyer to ask them to do this will inevitably place you in battle with them, just as your concern about what is right is doing now. But this does not automatically mean that you have to be drawn into litigation.

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

Attorney Reply Kiele Linroth Pace

A: Forgery of a Deed or Mortgage is a State Jail Felony which should be reported to law enforcement. See the correct section of the marital assets and also a family law attorney about a divorce.

Q: My neighbor passed away and I'd like to acquire the property.

My neighbor lived like a hermit. His siblings had nothing to do with him. He has one living daughter he had no contact with. I used to be thinking that if I got in touch with her, since she is the only surviving next of kin, that I possibly could get the home from her and it's also my understanding the property has gone intestate. Which I understand to believe that the property belongs to his daughter. Do I have to get an attorney or perhaps have her sign within the house to me.
Lawyer Answer Ben F Meek III

A: She may not have title to the property unless it goes assuming she was not a joint tenant with her father. She actually is now the only owner and probate might be not required if she and her dad were joint tenants with right of survivorship. If her daddy was the only owner -- or even if she was a co-owner but not a joint tenant -- probate almost definitely will soon be required to pass title to her that she can sell to you. She can make a contract with one to sell the property she expects to inherit, but in the event that you intend to try this, you had best have a lawyer -- if there are heirs you don't know about, or if he died with a valid will, her contract with you may not mean much other than a litigation. I'd suggest talking to her about your interest in the house. Then if she is really the legal owner and is prepared to sell it to you, hire a lawyer to safeguard you with a purchase contract, to confirm that you just will be receiving clear title to the home, as well as other legal advice that is sound. PS: My remarks here are offered for information purposes only and aren't legal advice about any potentially related law or your specific situation. They're not offered to join in, nor meant to create, nor do they create, an attorney-client relationship.

Q: My mom and I were willed my grandmother's house. Whose passed. Can she put out, if we both are living there now?

When she passed, I had been living there. My mom and her husband moved in with me to "save for their particular house ". But she's trying to put outside me.
Lawyer Reply Terry Lynn Garrett

A: In the event your mom and you were both willed the home, both your names should show up on the Distribution Deed filed with the county clerk of the county where the property is found. Either of you can file a Motion. This may either compel the other to buy the interest of the individual filing out or force a sale of the home using the proceeds of the sale payable to you personally both. You may want to see a nearby probate attorney.

Residential real estate lawyer - Toronto

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

House orig worth been, $127,000 empty, is in urgent states that are. in livable need of repair, not Current estimated value less, $57,000 owed on mortgage, what are options?
Attorney Solution Ross F. Tew

A: You can apply to the Probate Court to be appointed as the Administrator of the Estate. As the Administrator it is possible to hold the foreclosure off, take whatever measures are required to get the property sold, then settle up together with your mother's creditors and distribute her estate.

Q: May I get my pre paid rent back (6 months) if I am breaking lease on account of domestic violence? I've a protective order.

I Have only been here 5 although I pre paid the whole 12 months in advance. I am needing to move but I can not without my refund of the rent I've paid. I've got a protective order and also police reports.
Attorney Reply Kiele Linroth Pace

A: You are given the right by just specific kinds of protective order. This doesn't add a magistrate's EPO or a divorce TRO. The important points are here in Texas Property Code 92.016 but that just truly addresses whether or not you have to give 30 days notice and pay for it along with back lease. It does not truly address prepaid rent. Hopefully you will not have to sue the landlord for that.