Legal Question in Real Estate Law in Texas

Improvements on someone elses property

My father let me move a mobile home onto his property. He later agreed to sell the property to me. I added a water well and septic system to the property. After he agreed to sell we built a 24X30 shop and new driveways. Two weeks after the shop was completed he told me I had 30 days to move. He would not pay the down payment we put on the shop but wants to keep it in our name and him make the payments. We lived on the property for 3 years. It will take much longer than 30 days to move. Do I have any legal grounds to stay or keep the shop?


Asked on 12/16/03, 5:49 pm

2 Answers from Attorneys

Robert Restivo Restivo Law Firm

Re: Improvements on someone elses property

Howdy:

That's right, if the agreement you had with him to buy the property was oral. If, however, you have something ... anything, really ... that's in writing, then your case improves. Again, you'd have to sue him.

Depending on the amount of the down payment, you could file a small claims action (with the JP) to recover the amount.

As a general rule of thumb, you might need something in writing when dealing with strangers, but you ALWAYS need it in writing when dealing with family!

rkr

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Answered on 12/17/03, 9:00 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Improvements on someone elses property

You could probably sue him, but it would cost as much or more than your cost for improvements for the attorney fees. Also, to properly give you notice to vacate, it must be provided in writing, then you have 30 days to move out. If you don't move after the 30 days, he then needs to give you a 3 day eviction notice. If you still don't move, he has to file an eviction suit in the JP court. If you still don't move, then about 10-20 days later you will have an eviction hearing that you will lose but you may win reimbursement for the improvements. If you still don't move, the constible will come around a week later and show you the way out! Best of luck.

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Answered on 12/16/03, 6:12 pm


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