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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11853
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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We have what I assume is a relatively unusual circumstance.

Resolved Question:

We have what I assume is a relatively unusual circumstance. My grandmother owns the property that her granddaughters house sits on. The granddaughter does own the house, just not the property. There is also a workshop on the property that the granddaughters ex-husband built. Again, she does not own the land just the building. We suspicion that there is illegal activity going on over there with the granddaughters son, and his friends. My grandmother doesnt like that idea. Along with the fact that the son is full grown and does nothing all day but have other jobless cronies come over and I assume partake in aforementioned illegal activity. Does she have any options other than selling the property outright? Can a gate be installed at the driveway with rules for those living on the property that say something to the effect of, if you live on the property you have the code to open the gate. If anyone opens the gate that does not live on the property the one that gave the code out, is not allowed to know the new access code, resulting in denied access to the private driveway? We are in Texas if that helps.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service

 

Thank you for a very interesting question. I need a bit more information, if you do not mind,

 

Q. What type of Agreement does your grandmother have with the granddaughter that built the house ?

 

I do not provide general, "stock" Answers, so I may have more questions before I can Answer your question, so I hope you do not mind,

 

Thank you,

 

 

Customer: replied 1 year ago.

Thank you for your response, and I will give you all the information I can. There was just a verbal agreement when they bought the house from my parents 20+ years ago. They would buy the house, but in the event they moved they could not sell the house to anyone else. I think at the time the plan was for them to stay there just until they could get something on their own, but one thing turned into another, kids came along etc etc, and all the sudden 20+ years have passed

Expert:  Andrea, Esq. replied 1 year ago.
.
Customer: replied 1 year ago.

your last response did not come through, only a heading saying "Your Expert needs more information"

Expert:  Andrea, Esq. replied 1 year ago.

.Q. Did they pay any rent or make any other type of payment to your grandparents while they lived in the house ?

 

Thank you,

 

ANDREA

Customer: replied 1 year ago.
I believe they jusst paid a certain amount until the house was paid for. It has been paid for for several years now
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Caysi, Thank you for your additional information,

 

I certainly can appreciate your grandmother's concerns about who comes onto her property and who lives in the house. She is certainly entitled to feel safe, but also to feel that she is not being taken advantage of.

 

This is a very unusual situation and I have looked at it from all angles and I keep arriving at the same conclusion, and that is, your grandmother has the final say in anything that happens on her property. It is irrelevant if the people occupying the house are your grandmother's granddaughter, or perfect strangers. The botXXXXX XXXXXne is that the house is affixed to the land and your grandmother owns the land. At best, XXXXX XXXXX would impose a "landlord-tenant" situation on all the parties and the granddaughter would be considered under the law, a month to month tenant who can be evicted at any time upon giving her 30 days written notice. Your grandmother can, therefore, do whatever she likes with the property, including putting a fence around it with an access code. I do not believe, however, that she would be able to restrict access to the property by not giving the access code to any occupant who invites undesireables to the property. I believe that the law would impose a "month to month" tenancy on the house and your grandmother and if she did not like who they brought in, her recourse would be to evict them, but I do not believe that the law would support her position to deny access to any of the occupants because they invited undesireables to the property.

 

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If I have not Answered your question completely, please let me know by using the "Reply" button and I will be glad to explain further,

 

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Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11853
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Andrea, Esq.
Andrea, Esq.
Real Estate Lawyer
11853 Satisfied Customers
I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.