ask george & chuck
Oct. 2, 2006

Encroaching trees, restoring property to original condition ...
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: Is there any law in Texas that prohibits us from doing a cash-out refinance on a two-unit property? If not, how many times is a borrower eligible to do a cash-out on his property within a year?

Answer: This question gets into a lot of complicated issues involving home-equity loan procedures in Texas. All lenders' procedures are not the same. Even if the lenders comply with applicable statutes, those procedures raise too many variables to address in this column. Your questions are more appropriately asked of your own legal counsel.

Dear George: My mother leased a four-acre plot of farm land to a company many years ago. During that time, the company poured a concrete foundation, built a 6,000-square-foot building, erected a 250-foot tower, buried fiber-optic cable, and put in an asphalt road. The lease provides that when the agreement ends, the land will be put back to its original condition. Does this mean the company will now have to remove everything?

Answer: This agreement should be seen as would any valid, written, real estate lease agreement between two parties. Assuming the lease agreement meets Texas contract requirements, if the two parties disagree as to what "original condition" means, either one of the parties can file a lawsuit against the other. Your mother should contact an attorney familiar with this type of contract.

Dear George: My neighbor's bamboo trees bend downward and cover half of my yard. I've told him about this problem many times, but he has yet to take action. What can I do?

Answer: The overhanging bamboo trees are called an encroachment. The encroachment of your neighbor's trees into your yard is a trespass, and the owner being encroached upon (you) has the right to cut those portions that are encroaching. However, you cannot cut them so severely that your cutting kills the bamboo trees. It may sound silly, but the cause of action lies in nuisance or trespass, and the encroaching party, your neighbor, has liability if he does not remove the encroachment.