ask george & chuck
April 7, 2008

Easements, prior debts, and contract termination
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: For 20 years, I've lived in a trailer home that sits on land that I own. I've always had access to my property via two driveways. A neighbor recently constructed a concrete barrier that partially blocks one of these driveways. I asked him to remove the barrier, and he extended it to completely block the driveway. How can I get my access restored?

Answer: Look at your survey to determine if there are any recorded easements that grant access to your property. If you have such an easement and the neighbor has blocked it, you can file suit. If there are no recorded easements, the matter is more complex. Either way, you will need to hire an attorney.

Dear George: My wife and I are trying to get our house refinanced. Because of my bad credit, my wife is applying on her own. However, the title company has come back with a judgment against me due to a debt from my previous marriage. I'm listed on the title of my ex-wife's house as well as this house. How can my wife get financing on our current house with me paying that previous debt?

Answer: A judgment lien is a general lien that attaches to all of the property you own. Its purpose is to serve as security for a debt you owe. There is no way around this. You must pay your prior debt.

Dear George: I'm selling my house. How much time after earnest money is paid do I have to back out of a deal?

Answer: More information is needed to answer this question. Usually, once a purchase contract is signed by all parties, the seller has no unrestricted option to back out of it. A buyer, however, may purchase an unrestricted right to terminate the contract for a limited time if he so chooses. You should pose your question, complete with details regarding your circumstances, to a real estate licensee or attorney. If you are not working with an attorney or real estate licensee, hire one.