Legal Question in Real Estate Law in Texas

New Home Purchase

My wife and I just moved into a brand new home. Before deciding to purchase, I asked specific questions to the homes salesman, Are there any easments in my yard?, Can I have a storage building in my backyard?, Can I install a pool? These questions were anwserd with a ''no, you have no easment'', and ''yes, you can install a storage building and a pool''. These questions were a deciding factor on the purchase. Well, now that I am moved in, Half of my backyard is an easment and I cannot install either a storage building or a pool. Do I have a case to force the builder to take back the home or is there any other recorse.


Asked on 8/02/06, 3:25 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: New Home Purchase

Did you obtain a survey and/or title insurance when you bought this home? If so, both the survey and the title commitment should have listed the easements; if the discplsure was made, you're almost certainly out of luck. If not, you may have recourse against the title company or surveyor.

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Answered on 8/02/06, 5:16 pm


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