Aug. 30, 2010
Dear George: We've owned our house for about a year. Our driveway, which was poured in 1986 when the house was built, encroaches onto our neighbor's property by about 10 feet. This neighboring property, an empty nine-acre lot, was recently sold, and our driveway's encroachment was noted during the sale. If the new owner wants us to fix the encroachment, would we be able to claim adverse possession? The driveway has been there for 24 years and is noted on the deed of the new owners.
Answer: No. A claim of adverse possession is established when the claim is visible to others. You, as the possessor, must assert a claim to the property that is actual, open, notorious, exclusive, hostile, continuous, and uninterrupted for the applicable statutory period referred to in the Texas Civil Practice and Remedies Code. Seek legal counsel who can explain the details involved in making such a claim and other possible remedies for you.
Dear George: I listed a property with a commercial broker using a Commercial Real Estate Agreement, Exclusive Right To Sell. I initialed the bottom of several pages but never signed the last page. Is this agreement binding without
my signature?
Answer: No, it is not a binding contract without your signature as the principal on the last page.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. 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.
