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  2. We purchased 1 acre with a house 16 years ago in Collin County, TX. It was originally part of a 12 acre plot of land. The owners carved out an acre with the house they were living in. They built another house on the remaining 11 acres. Going into closing, it was discovered that the property owners did not survey the 1 acre. We had to wait for that to be completed. It was and we purchased the property. The caveat being the owners eyeballed the 1 acre along an original fence line when they listed the house & property. Once the survey was completed we discovered that 2 of the fence lines were approximately 10 -15 feet into the owners surrounding property. This was pointed out at closing but the owners didn't want to move the fence so they told us not to worry about it, they might move the fence one day or sell us the property. About 5 years after buying the property the owners decided to move the fence. They got as far as putting the fence poles up, again eyeballing the location and not getting another survey. Due to a series of tragic events (the Husband and their oldest son passed away within weeks of each other) and the fence was never completed (only the poles were installed). The surviving Wife remained in the house another 2 years then sold the property (owner financed). At some point the new owners paid off their loan to the previous owner and financed the property (11 acres surround my 1 acre). The original owner told us that she informed the new owner that the fence was actually on his property. We have been keeping up the strip of land for the past 16 years. There is a pear tree near the property line as well as a peach tree. We also planted blueberries but that only lasted a year. I also installed a water main cutoff valve in the corner of the property , but it is not actually within our property boundaries. We mow and trim the grass. One of the fences on the backside of the property is rotted and has fallen over. My question: Do I have any legal right according to Texas law to that strip of property? Thank you.
  3. Is this a mobile home park? What state? Could be, but my guess is that there is a lot more to the story than you are telling. Or, did it happen like this: Man has a beer by the pool. Landlord comes over drinking his own beer and says "No alcohol by the pool. I'm going to evict you." Then what?
  4. You should contact the real estate agent listing the property and explain that he doesn't own it.
  5. What do the "rules" say about eviction? Are the rules stated or incorporated in the deeds to the residences?
  6. This is in a 55 and up retirement community. Homeowners own their home, but not the land. There are published rules and regulation. In common areas like the pool, there are posted rules as well. In the published rules it states a tenant may be "subject to restriction or revocation" of use of the facilities if rules are not followed. A gentleman had a beer with him at a table by the pool. Rules state "no alcohol". The landlord is threatening to evict, but has not followed his own stated rules. Is this legal? Thanks
  7. "End up in court" Interesting, what kind of legal repercussions? AT least I'd have his attention. He has listed the entire property for sale, including my portion without my permission..
  8. Short answer, yes. Once the estate is settled you can demand that he get his own water access and it may take legal action to make him do it. If you cut off his water now or even after the estate is settled on your own you will likely end up in court.
  9. "But you don't own the property yet." But neither does he. So you are saying I have to continue to pay for him pumping the water that goes through my basement. The garage apartment was added years after the farm house.
  10. No, of course not. But you don't own the property yet. Then hire a lawyer to properly address those problems.
  11. I live on a farm in SE PA. I have been named the heir to the original farm house. There is a garage apartment on the same property that was left to an uncle. The water from the garage apartment comes directly from the basement of the original farm house. My uncle is causing a lot of legal problems for me. I would like to shut off the water which is coming through my house. We are paying for the electricity to pump his water. Can I do this? The estate has not yet been distributed. I live in the original farm house.
  12. Thank you for your reply. While I didn't get a copy of a petition, I did get a copy of the citation which appears to conform more in part with Rule 117(a)(5). The delinquency occurred after the Notice of Protest was timely filed.
  13. Doesn't matter. The mortgage department that lends you money is a million miles away from the department that takes your money and pays you a pittance. Some bureaucratic moron has got it into his/her head that you have to pay $36,000 to buy insurance in order to get your loan. I have no idea how you fight that. Your financing contingency should allow you to cancel the purchase and the seller can put the property back on the market.
  14. My brother told me a story about a similar incident he was involved in. The suspect refused to hold the board containing his name and identification number up in front of him as he was being photographed. So, my brother handcuffed the suspect behind his back and yelled to another officer, "Get me a couple of thumbtacks." The suspect elected to hold up the signboard.
  15. You can find an attorney with the help of this article. It can be hired in this article. It is a good way to hire any Lawyer for any cases.
  16. Everybody must read this article. There is a lot of information holiday in this article. Real Estate Transaction Process
  17. It's not his option whether to get booked or not. He can cooperate or not as he chooses, but in the end he WILL be processed and booked. Lack of cooperation can result in additional charges.
  18. A copy of the petition must be served with a citation to answer the petition. Rule 99.a. Is the tax lien for a period prior to the time involved in the hearing?
  19. I presume that when a lawsuit is filed for demand of delinquent ad valorem taxes, the property owner has to contact the District Court Clerks office in order to actually get a copy of the Plaintiff Original Petition? Can a Tax lien proceed if the property owner stills has a hearing pending before the ARB on the property being foreclosed?
  20. It has been a 3 ring circus with a place that rhymes with base. <.< Been customers for years.. two personal accounts, biz account and a car loan. *shrugs*. TY for your thoughts. Seller is not wanting to wait on us to get a different lender.
  21. Yeah, find another lender or cancel the purchase under your financing contingency and walk away with your earnest money. If the lender wants you to buy flood/hazard insurance that costs you $36K you buy flood/hazard insurance for $36K or you don't get the loan. It's that simple. Once those people get something into their heads, no matter how wrong it is, there's no talking them out of it. It doesn't make sense to me. At the most your lender should require an amount of insurance that would cover the loan amount if your unit got destroyed. Shouldn't matter how much the rest of the property is insurance. Instead of an HO-6, see if the lender will accept an HO-3 that would include dwelling coverage for the amount of your loan. It's a bit of a finagle but that all I can think of, other than walking away from that lender.
  22. I’m days away from closing on a condo In Galveston Texas with my bank. Last minute.. they say condo HOA flood/hazard is under insured by 1.3M. Told I have to get some kind of additional GAP insurance for $36K to get the deal done. 3 other units have closed there this year and did not have this issue at all. When I called my insurance agent to see what that would cost us... she said she never heard of such, wouldn’t even know how or if they could write such a policy, and that they hold policies for other residents in the same building and never had this happen. The HOA said they have never seen this and they all live or own there, both realtors say the same thing. The insurance for the HOA just took over in November and did not write the original policy... therefore lacking the cost estimator that Chase wants. Insurance co will have everything the bank wants in November. I asked if some kind of exception can be made until the HOA renews it’s policy in November. Was told no. I have no idea what to do. Asked for them to share their statistics/data/calculations used to come up with 1.3M shortage.... crickets. Any ideas on how to resolve this? Thank you you for your time.
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