Trepassing trees, power-of-attorney sales ...
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: My neighbor's tree overhangs my property. Can I trim it without my neighbor's consent?
Answer: The tree protruding on your property is a form of trespass. You can trim it all you want on your property; if you kill the tree, however, you're liable for the damages.
Dear George: My husband and I built a home on land given to us by his mother. Now that my husband has died, his mother is trying to evict me and my son. Can she do this?
Answer: Have an attorney perform a deed search on your home to find out if your husband received a deed to that land. Provide the attorney the legal description of the land plus improvements as well as any last will and testament your husband may have made.
Dear George: I have power of attorney over my mom's property and want to sell it; she consents to the sale. What documents do I need to complete the sale?
Answer: The only document you will need to sell your mom's property is the power-of-attorney form, completed by your mother and notarized. When the property is actually sold, the title company or the attorney who closes the transaction will speak with your mother to confirm that she is still alive. Death terminates power of attorney. Additionally, the closer will need to verify that your mother has not revoked the power of attorney.
Consider hiring a Texas REALTOR® to sell your mom's property. Unless you are experienced in the residential propety transactions, the sales process can be a burden to you and your mother.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
