Father seeks to deed daughter’s property to himself
Q: My daughter is an adult, but nonfunctioning. She has been in rehab for years. I have her durable power of attorney that appoints me as her agent to handle all matters for her. I am putting her house on the market so we can generate funds for her support. Can I deed the property to myself, so I can list it and sell it?
A: We wouldn’t suggest doing that, as it may be considered self-dealing. If you have a valid durable power of attorney, you can list and sell the property anyway. The title company will have you sign the deed as her agent and attach the power of attorney to the deed when it is recorded.
Q: I’m buying a rural property outside of Houston. The title commitment shows that the minerals are owned by other parties, reserved in deeds 60 or 70 years ago. My friends tell me that the mineral rights’ owners can drill in my living room. Is this true?
A: Yes. In Texas the mineral estate is the dominant estate and you can’t prohibit the mineral owner from entering on the property and extracting those minerals any way they want to. There are practical issues, though. Most companies won’t intrude if they can get the minerals out in a more accommodating way (drilling on an adjacent tract, or a more remote area of your tract). There is no guarantee of this.
Check if you can get the mineral owners to sign surface waivers for your property and agree not to enter on the surface of your tract.
Q: I have a parcel of property under contract in an urban area. It is a transitioning area, from residential to commercial. Most of the properties in the area are commercially used. The title
company says there are still single-family residential deed restrictions on the property, and I have to take title with these exceptions. Can the neighbors stop me?
A: Yes, if they want to. While there are defenses to enforcement of those deed restrictions if the properties are all commercial, the litigation costs can be substantial if you have even one neighbor who complains. If you’re in the City of Houston, the city may also get involved. There are mechanisms in the Texas Property Code that can amend the restrictions, so you may want to see if that alternative is available. If your seller wants to sell, they may be willing to help you do this.
Q: I’m looking for property to purchase in a zoned community in the Houston area. What does it take to change the zoning designation for a different use?
A: You will have to investigate the zoning code for that community to determine what zoning categories are available, and what can be a specific use in the city. To change the zoning, you will have to make a public presentation to the city’s planning and zoning commission to see if they will allow the change. The planning and zoning commission will then recommend its decision to the city council. There will be another public hearing before city council, who can ultimately make the decision to accept or reject the change. This is not a simple procedure and if neighbors object, you may be in for the political fight of your life. Hire an experienced land planner and a lawyer experienced in this area. To send a question visit and select “Ask A Question.” Answers to questions do not contain legal advice. If you want 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.