Homeowner seeks to prevent school opening next door
Q: This past week we noticed that an adjacent home that was recently sold had a lot of children and adults present. After talking to a nearby neighbor, we were advised that it is now a school for autistic children and a future Montessori school. Our neighborhood has a property owners association and restrictions against commercial businesses. We have contacted the City of Houston deed restriction hotline and they have opened a file and are investigating. Also we have put our property owners board on notice that this needs to be addressed and stopped or else we will seek legal remedies to enforce our deed restrictions. Also the broker that sold them the home is aware of the business being opened and supports it. Both the broker and business owner live in our subdivision. Can they circumvent our deed restrictions and operate a stand alone business out of a home with hours of operation of Monday through Friday, 8 a.m. to 4 p.m.? They have also home- steaded this property along with their personal home. Is it worth the fight and cost to prevent this business from operating very close to our home and possibly expanding in the future?
A: Well, there are lot of issues here. One can only claim one homestead, so something will have to give here, but that is an HCAD issue. The HOA may be able to stop this use if they can convince the court it is a commercial use that violates the deed restrictions, will increase traffic and belongs to people that have no interest in the neighborhood. We think all of you will have to coordinate this effort. A private business has no place in a residential neighborhood.
Q: I recently sold my house and signed a seller’s temporary residential lease for 30 days to give the seller more time to move. Now the seller refuses to leave or pay me any rent. I never anticipated this, and I have no place to live now. How do I evict them?
A: It must be by judicial process, so you will have to sue in the local justice of the peace court. Brave yourself, and hire a lawyer that does a lot of landlord and tenant litigation. These things can get very nasty and expensive. It sounds like your new tenant already knows the rules.
Q: I’m considering buying rural property west of Houston. When I buy it, are the water rights included?
A: Yes. Texas law says that the water rights are a real property interest and transfers with title to the property, unless it is specifically excepted, similar to oil and gas rights. The hat and the belt buckle are extra.
Q: I listed my home with a real estate agent who did a great job. We got a contract in and the buyer was represented by the same firm. I feel violated because her firm now also represents the buyer. How can they do this?
A: Texas law allows for one brokerage firm to represent both sides, provided that they have your consent to do so. Check you listing agreement, and you’ll probably find that you gave this consent. All agents must keep their information confidential, so this intermediary relationship has been a resolution to a lot of perceived conflicts of interest.
To send a question visit www.AskGeorge.net and select the “Ask A Question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specialization in residential and commercial real estate law.