Legal Question in Real Estate Law in Texas

Tax deed sale

I recently bought a lot and according to the overview map of the area by the Cities Appraisal office half of the neighbors house was built on my lot. What legal rights do I have? What do I do?


Asked on 2/06/07, 5:27 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Tax deed sale

You have various issues. The "plat" you refer to may be incorrect. You may have a claim on your title insurance, although it is hard to believe they would miss half a house. The house may have been build on your land with permission or a purchased right or so long ago that you no longer have the right to get it off. One thing is for certain and that is that, if you have a right to do something about this, then you need to act very soon because as time goes by so do your rights.

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Answered on 2/06/07, 5:40 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Tax deed sale

The overview maps are not accurate. First, you need to have your property surveyed and you may find that there is no problem. For a typical residential lot, it should cost $400-$500. Then, if the house is still encroaching, your neighbor will want to purchase a strip of land from you that includes his or her house. If it is in a platted subdivision, you will probably need consent from the city to sell the strip which is called a "variance." However, if the house has been on the land for over 10 years, there may be adverse possession issues.

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Answered on 2/06/07, 6:17 pm


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