Intruding grill creates problem with zero-lot-line neighbor
Q:
I have a zerolot-line property with a 5-foot easement. A few months ago, the neighbor placed large stone tiles on the ground along my wall and then hammered a giant gas grill with a stone countertop onto my outside wall. When he cooks, noise reverberates through the wall into my office inside and smoke goes up the outside wall. He did not ask permission. Is he allowed to cook on my wall?
A:
Attaching anything to your wall consti- tutes a trespass on to your property. Legally, he cannot do that. Would moving it a few inches solve your problem? We doubt it, but talk to him anyway and see if he will. Very tight lot configurations result in these issues. It is a lifestyle choice.
Q:
I’m building a new house and the contractor has been impossible to work with. He’s behind schedule. We had the house inspected and the inspector found many items are not up to code. Where do we go from here?
A:
Talk to the contractor and give him a copy of the inspection report. Most reputable contractors will make the changes and finish the job. If your contractor refuses to do that, fire him, as the relationship will probably not improve from this point forward. Be aware, though, that hiring another contractor to finish the job may be far more expensive. You will also owe the current contractor for his services to date. You can also close and escrow some of the proceeds to finish the job after closing. None of these are easy answers, and these relationships also tend to be emotional at some point.
Q:
I’m buying a house and want the seller to throw in the big-screen tv and furniture in the media room. The TREC doesn’t provide for that, only the brackets are to stay per the contract. How do I put this in the contract?
A:
Put it in the paragraph for special provisions, or use the non-realty items addenda that is published by TREC. This can screw up your appraisal, as the appraiser may back out the expensive personal property and reduce the appraised value of the house. Discuss this with your lender first.
Q:
I’ve recently been very sick. One of my children was at my bed side, and kept asking me to give him my house and car. I’m better now, and am writing my will. Do I have to give him anything?
A:
No. It always amazes us how people react when death is imminent. Oral promises don’t count in court, they are too hard to prove. Get thee to a good willdrafting lawyer and give this cad a sack of hammers.