Legal Question in Real Estate Law in Texas

We are having issues with our hoa during construction of our new house. We are more than halfway done on the home and now because of some nosy neighbor, they say we are encroaching on an easement. We went thru the approval process before we even began the construction process and made them aware that in certain areas we might be encroaching because of the odd shape of the lot. We wanted to make sure we had approval so we would not have this exact issue. So we were not hiding anything and they've had full disclosure of our intentions, drawings etc. however, they are stating we did not have approval. All we have is a verbal agreement and email exchange. What can we do to avoid this getting any uglier?


Asked on 4/03/13, 5:30 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

A bit late to ask...but i fyou are the builder/contractor/architect/engineer....you better get it straigth now..IF you hired a builder etc they should be responsible...OA is a good concept but full of problems...and approvals MUST be written..not verbal when it comes to real estate. good luck

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Answered on 4/04/13, 6:53 am


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