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Found 201 results

  1. My wife and I purchased a lake house in April 2017. About a year ago we deeded over a small portion of land on the left side of our property to our neighbor in a land swap. In the process of doing that we found out, through a survey, that the neighbor on the right side of our property built his garage 1.6 feet onto our property. The properties have a 6 foot side lot setback, so he is actually 7.60 feet over. The garage was finished just prior to the closing of our property. Therefore, it wasn’t uncovered because the lender only required a flood survey. To make things worse the neighbor changed his gravel driveway to a 30’x50’ concrete driveway that slopes down and onto our property which causes a huge stream between our houses during rains that is eroding the land away. We brought it to his attention as soon as it was found and have discussed doing a land swap, but because our driveway sits just 6 feet off of our property line it would then in essence potentially cause us to be in violation. Because then we would be less than 6 feet from property line. Also, we might then put ourselves in the position of pushing water onto his property, that would have been ours. The other complicating factor is that the land is owned by the city and we have a 99 year lease. He also did not get a permit from the city to build. Since the time we found out about the encroachment we have found out from several sources that he did it knowingly and he also cut down several trees off our property prior to our purchase. Trees that would have helped with the run off problem. He also ran his waterline on our property. We called the realtor that was selling the house and he admitted that he knew about the encroachment and discussed it with the neighbor. Does the realtor have any liability for not disclosing it to us? If we build a wall along his driveway to push the water back into his property, do we then have any liability that it may cause to his property? What are our options?
  2. Hello thanks for reading, I don't know if I am allowed to ask, my first time here. what can someone do if they had their identity stolen? from where does he start to fix? approx. how long does it take? is it expensive? He is a US citizen, but he doesn't live in us territory. goes back to mexico everyday with no issue. and it has been years since they stolen his identity. He does have a Mexican son (29 yo) who he wants to help, but that is a different topic. Thank you in advance. I will appreciate any information
  3. Hello, and thanks for reading me. My boyfriends father is a us citizen. Some how got his identity stolen, but he doesn't live in usa grounds so he hasn't done anything about it. He crosses the border everyday with no problem tho. My boyfriend is 29 and really hoping his father can be the one who helps him with his immigration status. He is Mexican. He tried going to the social security administration office but has been told to take his father and an id. We can help the man get an id but what if they cant give it to him because of his situation. Long story short.. my question is from where does he start to fix his problem? how long might it take? is it expensive? and any extra input is well appreciated
  4. Texas: Does a defective title affect the market value as far as property taxes. A claim was filed with the Title Insurer after neighbors began challenging the property lines. Long story short the Title Insurer decided to pay off face value of the policy since they couldn't explain the error.
  5. 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?
  6. I was trying to sell a vacant lot I owned next to my residence and several potential buyers informed me that the City had told them that they would have to not only pay for a water meter to installed on the property which is normal, yet also told them that the water line that serves that property was too small to add any additional connections and they they would have to pay $35,000 in order for the City to extend the other water main down the street back towards the vacant lot before they would even install a meter. I am not doubting what the City says needs to be done to provide water service but rather whether it is actually the responsibility of the property owner or the city to pay for the cost of obtaining water to the meter.
  7. 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.
  8. 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.
  9. Hi, all. A physician entered into an employment agreement with a small solo practice in Texas. She's going to exercise her right to terminate her contract without "cause". However, she will be subject to certain restrictive covenants such as a non-compete. Interestingly, there is a non-solicit prohibition but only with respect to employees. There is NOT a customary non-solicit provision with respect to the practice's patients. In Texas, non-compete's and non-solicits are generally enforceable. She plans to open her practice outside the non-compete territory and solicit her former patients. What is interesting in this contract is that it states that she may not "advise, counsel or treat" any patient of Employer treated by Employee" other than those patients who are in the course of an acute illness. In essence, this is stating that although she's not prohibited from soliciting her former patients, she can't treat a former patient who comes to see her as a result of her solicitation. She has evidently contractually agreed to this prohibition. Is this enforceable? I have searched case law and the Texas Medical Board rules and can't find anything on point. The GC office at the TMB told me there is no ethical violation here. It seems to me that a patient should be able to see the physician of their choice. Can anyone point me in the right direction?
  10. The house was sold in a foreclosure auction the same day my mom signed the Successor in Interest Acknowledgement form. Does that or could that play a part in stopping the sale? What if the Notice of Sale that was posted at the County Courthouse stated that on 4/2/2019 at 10:00 PM is when they would sell the property and they actually sold the property at 10:00 AM could that void the sale? It seems the mortgage company was delaying the paperwork for Successor In Interest because they wanted certain papers and after those were sent, they told us they went to the wrong place and then it was they needed more paperwork and they even were looking at the wrong account at one point. The house is in my fathers name who is deceased. My mom is the Executrix of the will and did not put this house in the probate for what ever reason. I currently reside in the house and I am a disabled veteran with a terminal illness and I did get behind on the payments but could not discuss the account because I am not on the account. I can't get it financed in my name because my credit sucks because when a person gets sick it costs you. I am just not sure what to do at this point. I really thought I would come up with the money that I was behind but was unable to. Any suggestions would be great.
  11. I am the custodial parent. Non-custodial is 30k behind in child support. The past year I’ve fallen on hard times and agreed our 14 year old could live with non-custodial parent until I was back in a better financial and emotional position to bring her back home. Question is: if parent owes so much, yet is now demanding child support payments AND refuses for me to see child because I refuse to “conform” to his rules etc. would the courts force me to pay child support or deduct the amount from his outstanding balance? I would like to have visitation in place and work out a child support agreement but I don’t feel I should have to be out of pocket after years of non payment and him being so behind in arrears. We have a 19 year old in college that I paying for 100% without his help as well.
  12. We found out that my husband supposedly received a ticket for no insurance on 23 Aug 1997. That became a arrest warrant on 8 Mar 2008. It is now Feb 2015! My husband has been stopped since then, he went to take his state inspectors test, has had a couple of background checks and the Navy has done a security search for his security clearance. At NOW time has this thing showed up. Can they do this?
  13. I was in an auto accident in which I was the plaintiff and the attorneys that represented me and the auto insurer's company lawyers reached a final settlement. I received a copy of the settlement towards the end of 2018. I received a MRI, and saw two additional doctors referred to me by my attorneys. I signed the payment arrangement in which the MRI company and doctors defer receiving their payment until, and if a settlement is reached. When I received the final settlement documents I called and left a phone message and also emailed my attorneys asking for copies of my doctors' charges and the MRI charges, and stated I needed to know if the settlement amount was suffice to cover the charges after the attorney charges are deducted. I have never received a reply from my attorneys. So that's where everything presently sits. The amount of the settlement is only $4500. I did not like the doctors my attorneys send me to. The MRI revealed I have bulging discs in my neck. One pain doctor my attorneys sent me to wanted me to have some type of injections (perhaps steroids) in my discs. I declined at the time as the pain was slight and I always prefer if possible to let my body heal itself. So as you can imagine, by the time of the deposition, I wasn't exactly my attorneys' favorite client. I thought perhaps with the beginning of the new year, if not but any other reason for year end closing out business statements, etc., I would hear from my attorneys. Meanwhile, the other reason I have been waiting to sign the settlement was to see how my neck's discs were. I now have more pain in my neck. I fear to sign this settlement would be a mistake as I may be now having significant medical issues in the future with the discs. One reason in the beginning that I went to my attorneys' doctors was I had no health insurance. In a couple of months I will have Medicare and the supplement including Part B and can see the doctors I prefer. What should I do? If I don't sign and obtain other attorneys what happens to my original attorneys and their charges? I don't want to sign away my rights as this neck pain increases and I may be having a great deal of trouble with it in the future. I would appreciate any advice. Thank you.
  14. I beleave police procedures are there to keep police with in the line and when they break procedure they breaking the law like this case and in this case chief of police did not follow procedure and arrest a person commiting child indangerment his job does not allow him to leave child in a situation that could be causing her harm, his job would be arrest her take child and then call cps. Well he didn't he broke procedure and in turn violated the law he called cps making all sorts of allegations so did he do wrong avoiding his duty as a police officer
  15. Is the owner of a property required to list easements when selling a property? And if a company who has a easement on a property goes out of business, How does the property owner get that easement removed?
  16. Hello, I live in Austin, TX. My neighbor has 2 pool pumps on his property, one for his pool and the other one for his hot tub. The pool pump makes noise that is comparable to that of an A/C compressor (about 50 decibels), but it seems to have a higher pitch, thus it penetrates through my windows more easily. When only the pool pump works, it almost cannot be heard if I sit in a farther bedroom and close all windows and doors. Keep in mind, though, that this pump works an average of 8 hours a day, 365 days a year, from morning till late afternoon. However, if it is the hot tub pump that turns on, then it can be heard even with all windows and doors closed, emitting an annoying humming noise. Therefore, that pump is the main issue. This has effectively made it impossible for me to be in the bedroom with the window that faces the pumps, and I can’t imagine anyone being able to sleep in that room while it is on. The pumps are located right under that bedroom’s window, and the distance between our 2 houses is very small, so the noise seems to bounce back and forth between them. If someone from his house uses the hot tub late at night, then it makes relaxing and going to sleep difficult, although lately they made an effort to finish all activities until 10:30 pm (when the city noise ordinance kicks in). I did reach out to my neighbor about this, and he has really tried to help, by cleaning and maintaining the pumps on a regular basis. He even agreed to dampen the noise using some plastic mixed with Styrofoam (which cost me about $150) but it caused the pumps to overheat, and so right now the pumps are not dampened once again. In addition, he has requested some quotes from contractors that may be able to build a different structure around the pumps. On my end, I received a quote for insulating my windows (which will cost me about $1,800), and I’m waiting the result of his quotes first. I do need to mention that while both of our houses are brand new, he and his family moved-in earlier than we did, and so the pool and spa were already there when we were building our own house. It’s just that at the time of our home’s construction they didn’t seem like they would be such a big issue for me. I mention this, because I read an article here on FindLaw.com regarding Property Rights and The Law of Nuisance. An interesting bit in this article is called the “moving to the nuisance” doctrine, whereby if I willingly moved close to the source of the nuisance, and it was already there first, then I may be restricted from seeking injunctive relief. Perhaps this is the case here, I don’t know, and I hope someone can tell me one way or the other, and perhaps offer me some useful advice. Is there anything else I can do, other than soundproofing my bedroom, moving to another room, or moving to another house? Is there justifiable cause here for a nuisance lawsuit, or for an injunction? Thank you!
  17. I am in process of name change for my minor child. Under Family Code Chapter 45 Section 45.002 it as if child is subject to continuing exclusive jurisdiction of court under Chapter 155. The court did terminate the parent-child relationship between his father and him. Does this make him the subject to continuing exclusive jurisdiction?
  18. I made friends with a woman just last year. She was in bad financial shape and I would help her out with certain things if I could. I bought a new laptop for my daughter, but she wasn't able to put it to use because she lived in a house with no internet access. Since I was making monthly payments on it and it was just sitting in my house unused, I let my friend borrow it because she could really use it. I told her I would let her borrow it until - 1)She was able to purchase one of her own, or 2)She would return it before she moved back to California in June 2017, or 3)My daughter was able to use it and wanted it back. My daughter contacted her last Friday and told her she was coming to her house to get her laptop. The woman told her that I gave her the laptop as a gift and not to come there or she would have her arrested. I went with her to the house and was met with her sister who refused to let us collect the laptop and told us to leave before she called the police. She even threatened to shoot my 5 months pregnant daughter if she did not leave. I tried to talk calmly and sensibly to the sister, and was told that the laptop was in storage and we agreed that I would retrieve it the next day. I tried to get in touch with my "friend" about coming out and getting the laptop and we could be done with it. I received no reply. I contacted her son and asked him to talk to his mom about coming to collect, but he didn't return my message. I did a device search of the computer and it reported that the laptop had been online just 1 hour before and it showed the location on a map. The location was her sister's house. I sent her an email telling her I knew she had the laptop in her possession and had been used that morning, and I included a screenshot of the location finder and the information it gave. I told her again to return my laptop - the time for civility had passed. Still no reply. I wanted to report it as stolen to the sheriff's office, and was told I couldn't because I had willfully loaned it to her. Now I guess my only alternative is to file a civil suit. What I want to know is what are my rights in this situation? Will taking it to court do any good or am I spending more money in court fees on top of the money I am out on the computer?
  19. Hello, Earlier in the year I have purchased a 2005 truck from a used dealership parking lot & it's been a rough year with this dealer & this at this point they have picked it up over it being 11 days past due. & now I am thinking of signing a surrender back with a volunteer repossession & she said they come out on the credit report as not a repossession like if they're not asking for credit back.. How should this work for tryin to get another vehicle??? & I hope she keeps her word.
  20. Nine months ago I hired a lawyer in Houston TX in defamation issue concerning Chase Bank. I was accused of withdrawing $1000 out of bank account of another Chase customer. While the investigation was ongoing the police gave a photo taken from bank camera to the customer who proceeded to post my picture on Facebook. After the Facebook posting in which people recognized me, I was fired from my job, people on the street accused me of being a thief. Eventually it was revealed that the mistake was on the part of Chase Bank. Chase bank teller accidently withdrew money from the wrong account. Chase apologized in person. The Facebook photo was taken down but no apology or message from the Facebook's poster, No message indicating mistaken identify. People in my hometown continue to believe that I am guilty. I still could not find work. So I decided to hire a lawyer to pursue damages. Is Chase liable? Or is it primary the Chase's customer who posted my photo on Facebook? If so, why is the case taken so long without any result.? Should I hire another lawyer?
  21. My husband and I divorced , he got the house. After the Divorce He got mentally ill and now in a nursing home he has dementia. I have been living in the home and paying the mortgage and doing upgrades. He did not refinance the home so my name is still on the mortgage what rights do I have . I have been told that I can purchase the home. My daughter is Guardian of the Estates and I am his Guardian of person.
  22. Hello, I am needing to evict my son who was supposed to just be staying a few days. It has now been over 3 months with no rent or bill payments made on his behalf. He is not on my lease and may even be getting me into trouble because I shouldn't have anyone there. He just doesn't care. He says he has rights and I cannot put him out. He is threatening me and trying to bully me around. I am ready to do whatever I can legally do in order to regain my peace. Please advise me on what steps to take to make sure he will not be able to gain entry into my home anymore. Thanks,
  23. I went on an filed for petition for divorce and informed I had filed. A fees days later he is caught with contraband(cell phone) and is now in solitary confinement and moved from camp to low security facility( he messed up) when he gets out "the hole" so I have only heard from him via letter in the mail. I have called his counselor to see if I can have permission to bring papers for him To sign BUT only get voice mail and no returned call. I know he can't receive visits or allowed to make calls so how do I serve him with less than 60 days to go? I get conflicted or very little Info (we have no info on him....") about him or what he will be allowed To do as if he is lost in the system literally. Any sincere advice is appreciated.
  24. Medically retired from active duty December 2015 for 13 combat related injuries. Filed a motion to reduce child support in the same month. Jumped through all the hoops that the Texas OAG wanted me to jump through with documentation being sent in to support reduction in child support. Advised that due to my disabilities, i was unable to travel to court appearances and requested other accomodations via ADA. Accomodations were denied and case had been dragged out. We are now in November and the motion is yet to be granted (I keep getting the run a round). This process has caused me so much emotional distress and mental anguish, that my VA PTSD rating went up as a result of what the state is putting me through. I need some help or some advice on how to file a lawsuit against the state. I don't have a whole lot of money, I was infantry combat medic...I don't know how to give up or back down.
  25. If the "Grand Jury" did not indict the individual that was arrested with me and is really the person who the drugs belong to but he later admits to the drugs being his, can the grand jury bring him up on charges again for the same case, will they lower or raise the severity of the charges as well? What all can ultimately happen to this other man?
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