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Will Our Existing Property Restrictions Apply in the New Deed?

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My ex-husband and his brother bought a piece of land together years ago. His brother has since married and has step kids. Does my ex have the right to kick the kids and their friends off the property? It is empty land with a pond. It was agreed on years ago when they bought it that no one would allow anyone else to go out there including kids unless one of the brothers was there. My ex is going to deed it to our kids and if this happens will they have the right to kick them off? I guess what I am wondering is does it have to be agreed by both parties who is allowed to go out there and can my ex call the law to have the step kids removed if they are by themselves? Thanks. Read More …

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Should I Bare the Total Cost of this Repair?

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The owner of the property next to mine recently reported that a portion of the retaining wall next to my property has cracked and is bulged out somewhat due to the tree roots from a tree on my property. Once notified of this, I had the tree removed. At this time, the owner of the neighboring property is asking me to repair the retaining wall at my expense. Due to the fact that the retaining wall is most likely over 86-years-old, I requested that the neighbor share in the expense of the repairs. My question is, should I bare the total cost of this repair, and if so, to what degree do I need to have it repaired? Would repairing the cracks be sufficient or do I need to replace the whole section that shows any movement? Read More …

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Should I File a Small Claims Lawsuit Against the Company?

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I live in Houston, Texas (Harris County). I recently had a bathroom sink refinished and the rep did a poor job. I contacted them the same day and asked for a different rep to fix the shoddy work. I was told that the owner would call me back. This did not happen. I called and spoke the main contact I used previously and she said she would call me back regarding scheduling. She never did. I sent emails (including one through their web page contact form), left some phone messages, and even sent a text message (she utilized phone texts on previous job questions). This was to no avail. I think I made the error on a phone text in mentioning that I did not receive a receipt for the work (and that I need the 2nd rep to bring one). That may very well have been the company’s cue to ignore me. Their web page has not physical address, and they have no formally registered business in checking with the country clerks office. Thus, I suspect they work their fleet out of a residence. I looked into filing in small claims court in my county to recoup the money spent (75 job), but the docket lead times are 6 to 8 months out (very busy precinct). Complicating matters is the fact that I am about to put my home on the market, so I will most likely not be living the in home and not be the owner when this comes before a judge. Please advise. Thanks. Read More …

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Can a Lease Assign a Right-Of-Way to Another Party?

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We just bought 2.5 acres and the deed shows there is a right-of-way that is personal to one person, but the person’s family thinks the right-of-way is for the whole family (not just personal to the grandmother). The grandmother has now leased her land to her family and believes the they are now allowed to legally use the right-of-way under the new signed lease. Is this correct? Can a lease re-assign a right-of-way to another party without asking permission from the easement’s owner? Thanks. Read More …

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Does Our Neighbor Have a Legal Right to Harvest the Apple Tree on Our Land?

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My father and I bought land. Before we bought the land, the man that lived there let the neighbor plant a apple tree on the property. My father thinks he owns the property in which the apple tree is located on. We had the land surveyed and it is in fact ours. My dad wants to cut the tree down on our side. The neighbor said he will talk to his wife about the matter. My dad told him he didn’t have to ask anyone because the tree was on our property. My brother wants to put a fence up. What do you think we should do? Does our neighbor have a legal right to harvest the apple tree on our land? Thanks. Read More …

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Is the Principal Liable for all the Actions of the Agent?

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I live in a condominium in Dallas,TX that is owned by my father, from whom I possess a properly executed power of attorney (POA) for all matters pertaining to the property. I am responsible for the payment of the monthly assessments on the condo, as well as the taxes and insurance. He does not live here and has only been on the property on one occasion. I wrote a letter to the BBB asking for their help in attaining information from the property manager. The information is not proprietary nor privileged and it should have been provided in the closing papers. Upon receipt of notice from the BBB that I had filed a complaint, the property manager spoke with the president of the HOA who called my father (the owner of record, whom she had never spoken with before) and intimated that the property manager would and could file suit against me (and since I have no money thus, him) in the event they determine that they lost business contracts as a result of a lesser rating with the BBB and that we should immediately retract the BBB statement. Reluctantly I did, but the BBB pursued it. The property manager responded to the BBB and thus to me. Now the matter has been resolved without diminishing their rating with the BBB. MY QUESTION: In regards to the POA, is the principal liable for all the actions of the agent? Is he responsible for all my actions here on the property just because of the POA? I have been trying to understand how the money that the association collects in monthly dues is being spent – but have not gotten far. Read More …

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Can the City Give Me ‘Use Rights’ of the Easement to Get to My Property?

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On the east side of my property there is a private road that an easement was given to the city and the road was given a name by the city. The private road goes to the two neighbors that are up the hill to the north of me. Both owners of the land to the north of me gave the city of Oklahoma an easement for the private road in 1992. They had to do this for one of the neighbors to be allowed to build the their house, or their land would be ‘landlocked’. The east side of my property joins a portion of the ‘private road easement’ given to the city. There is a portion of my property that can only be accessed by going down the road and we have been using the road since 1992. One of the neighbors up the hill to the north of me has decided to restrict the use of the road to just him and the other neighbor that is up the hill. I can’t get to the part of my property that has my barn and part of the fenced pasture. I was hoping that since the city of Oklahoma owns the easement and gave the private road a name, that any property that joins the city easement could be used by the owners of property that joins the easement. Since the easement was given to the City of Oklahoma, can the city give me ‘use rights’ of the easement to get to my property so I don’t have to take legal action? I really don’t have the money and if I take legal action against one of the owners I have to include both of them and I really don’t want to. I know that Oklahoma has laws that say if you have use the property for 15+ years, you can be given permanent access—but again that requires a real estate attorney and going to court, which is 15368$ to make this happen. Read More …

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Would Re-Painting the Entire House be Considered Maintenance or an Improvement?

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I am a member of an HOA. We recently approved a new choice of paint colors. An owner wishes to paint his house the same color as it is currently. That color is no longer on the approved list of colors. Homeowners have to apply for permission to make an improvement, but are not required to seek permission for maintenance. Would re-painting the entire house be considered maintenance or an improvement? Thank you. Read More …

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How Can I Legally Get My Cat Back?

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I hope you can answer this right away because I have a court date coming up. I have a cat colony. I adopted a cat from animal control and he hated living in my house because he missed the outdoors. I put him in my colony. He wasn’t feeling well and I scheduled a vet appointment for 2 days out. This woman who was going to pay the bill said she got an appointment For that day. I put the cat in his carrier and drove the women to the new vet. I told them to tell the vet he’s my cat, get the diagnosis, and medicine. They didn’t. Instead they told the vet the cat should live indoors, etc. I tried to get the cat numerous times. Each time the vet made an excuse. Now I’m suing her in court. She now says she gave the cat to someone for adoption. The court attorney asked if it was for money. She said yes. Now I heard that if there is a person who adopted him from the vet they might not have to give him back to me. Is that correct? I want my cat back. He’s supposed to be adopted by my friend. We don’t even think she gave him up for adoption. We think she took him home to her house. She might have falsified papers for the court to show adoption. Read More …