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Old 05-31-2020, 11:05 AM
 
1 posts, read 276 times
Reputation: 10

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My son bought a 4-plex with the building encroaching 12" on a City of Houston's ROW. The 4-plex was built in 1930. A Consent to Encroach agreement was granted in 2008 between a previous owner and the City. The agreement is for 30 years. The agreement was conveyed to him at closing. Has anyone ever encountered a situation where the City would demand that 12" be removed from the building? Would the City demand that the entire 4-plex be moved even though there is an agreement to encroach? My son sought the advice of a real estate attorney before purchasing the property and was advised to proceed with the sale since there was an agreement in place. He plans to obtain a new agreement with the City in his own name, hopefully, to request an agreement in perpetuity, if that's possible. But he's worried the City could demand at any time that the whole structure be moved after being located there for 90 years with no problems!
Appreciate any thoughts you may offer.
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Old 05-31-2020, 11:53 AM
 
814 posts, read 676,968 times
Reputation: 537
Lots of folks play lawyer on forums. Don't waste your time with them.
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