Selling more than you have
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I own one of three undivided interests in a property. Somehow a deed showed up in the county courthouse that says a now-deceased owner of the other two interests sold the whole property without my knowledge. This deed also re-drew the boundary lines to include part of another undivided property. How can I challenge this document?
Answer: A tenant-in-common can convey his interest at any time, but he can't convey more than he has. He also can't convey a specific parcel, only his undivided interest in the whole. If the new owner refuses to cooperate, you'll need to seek legal help.
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.
