ask george & chuck
Sept. 3, 2008

Trespass, agents' cars
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: We have new next-door neighbors who installed a sprinkler system that crosses into our yard, according to our survey. Right now, this is fine because it's watering our yard. If we sell our house, however, will there be any issues because the neighbors have encroached onto our property?

Answer: Your neighbors have trespassed. In this case, there's no damage and you get part of your yard watered for free. The error was probably made by the sprinkler man. To clear up any misunderstanding, send your neighbors a short letter: "Thanks for the free water, but let's agree you'll move the sprinkler system that is encroaching on my property in the future, if necessary, and not claim any title to my tract." Politely request that they sign a copy of your letter. If that doesn't yield the results you want, send a follow-up certified letter with return receipt requested. In this letter, state that the sprinkler system encroaches on your property and that you want your neighbors to move it and repair any damage it may have done to your lawn at their expense. Give them a reasonable time period in which to accomplish this. Also let them know that if they fail to comply with your request, you will seek other remedies available to you under the law.

Dear George: My wife told me that Texas law requires REALTORS® to own a car less than five years old. Is this true?

Answer: No, there is no such law applicable to REALTORS® or real estate licensees. A REALTOR® is a member of a trade association, the National Association of REALTORS®. There are some real estate brokers who may encourage agents affiliated with their firms to drive late-model cars.