Extra title insurance may be needed to resolve boundary dispute
Q:Would a plat show the property lines? If a property owner has difficulty getting access to build a fence or is not exactly certain of the boundary line and does not want to deal with a neighbor, would building it clearly on their own land eliminate any arguments? I now know about extra title insurance (2015), have purchased 4 houses (1997 to 2014) and yet not once has anyone suggested I might consider the extra title insurance. Why would someone not mention it?
A:The conflict is not just the fence. Even subdivision plats have been in conflict, so the boundary line may still be in question. As for the extra title coverage, it is now a part of the Texas Real Estate Commission promulgated forms. Hopefully, it will focus attention on this matter so purchasers are aware of their additional coverage.
Q:At a recent retirement seminar, a gentleman mentioned a TODD (transfer on death deed) to eliminate property going though probate. What are the pros and cons of this type of deed? Thank you.
A:This is a way too complicated question. This new statute is supposed to avoid probate. People often have their home as their primary asset. Being able to convey it to your child upon your death without the need for probate could be beneficial. Real estate lawyers have questions about conveyancing issues when using this deed.
If you’re interested in using this deed, have a lengthy conversation with a good probate lawyer before jumping into it.
Q:My homeowner’s association is on my back about cutting my yard. They are threatening me with cutting it themselves and putting a lien on my property to pay for it! How can I stop these crazy people?
A:Well, is your yard overgrown? Their job is to enforce the deed restrictions. If cutting your grass is part of the restrictions, then go cut it or hire it done. You agreed to these restrictions when you bought the property. Live with them or move.
Q:I’m a real estate broker who has just moved to Texas. The Texas contract forms seem confusing to me. Where can I get information on these forms?
A:The Texas Real Estate Commission (“TREC”) publishes them and they are available for free. There are several good books describing the pertinent provisions of the form, and how to fill them out. Any real estate school has courses available for very low cost. Just for your information, the TREC Broker/Lawyer committee is always working on revisions. If you have any suggestions, write the committee, care of the Texas Real Estate Commission. They meet frequently.
To send us 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.