Backyard flooding might be in code violation
Q : The developer in my subdivision elevated the land on two sides of my house by about 1½ feet with a cinder block wall, which is was not built to retain water. Then the home builders elevated the houses about another 1½ feet. This is all within 8 feet from my house, which constantly floods because of the water runoff from their land into my backyard. I live on a corner lot so they have my backyard blocked in. A : This is a common law nuisance, and probably a violation of the water code. You can check with the city to confirm that they have provided for adequate drainage as a part of the permitting procedure. If the builder isn’t complying, they can red tag the project. You can sue for injunctive relief. You can fix the problem yourself and sue for the damages. You also can fix it and let the builder pay for it to avoid the other expenses of defense. Q : I would like clarification to your answer published in the April 3 edition of the Houston Chronicle to a California resident regarding seller’s disclosure. Other than known material defects, I thought that an estate executor/administrator was exempt from this requirement. That being said, was the California resident, whose mother had died, not the executor or administrator? Otherwise, why would the seller’s disclosure be required in this scenario? A : The seller was an heir, not an administrator or executor. Q : My parents lived together for 30 years without marrying. My father had children both inside and outside of this union. He has passed away and had no will. Who gets title to the house? A : In short, who knows? This is not a simple issue. There are community property laws, common law marriage, homestead survivorship rights, and the Texas laws of inheritance that all have to be examined. Get experienced legal help if you plan to pursue anything. You’ll need a probate lawyer. Q : I inherited a piece of property from my parents. I have never lived there. We found a buyer and put it under contract to sell, but the title company says we have no access to it. We have used a private road in that area for 60 years. Who says we have no access? A : The standard Texas owner’s title policy insures access to the insured’s property. If there is no dedicated road or easement right to the property, they will have to take exception to it and not insure it. Many private roads are not properly documented, are not properly described or not properly located on the ground, so the title company is not willing to take the risk of insuring it. Trying to correct it also may be a problem. Your neighbors probably will have to get involved to discuss maintenance, location and use.