Legal Question in Real Estate Law in Texas

Real Estate Lot Line

Purchased home 2006. Driveway ends at a wall, lot stake (wooden stake 4 ft high) is on the outside of the driveway. The sprinkler system installed by the builder extends to this stake at the end of the drive where there is a small section of grass. Now the builder says we own only half the driveway, about 6 feet, as he had this replated just prior to our purchase. He says he will build a home next to us and they will use the driveway as he owns half. But he has offered to sell us the other half of the driveway for cost of concrete plus the ground under. Is this legal, is anyone responsible for not explaining this prior to purchase as the state and the sprinkler system extend across the back of the driveway?


Asked on 7/16/08, 7:51 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Real Estate Lot Line

Did you get a survey? What did it show? Did you check the plat and re-plat to verify what he said is true? Do you have a title policy? Did the Builder disclose the drive situation before the purchase? All of the answers will establish your possible remedies.

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Answered on 7/17/08, 8:35 am


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