Property Q&A in 97527>Question Details

Austinarchit…,  in Austin Hills, Austin,...

I'm wondering if I could lease long term a portion of a neighbor's property. How could I ensure that if the house were sold, the lease?

Asked by Austinarchitect, Austin Hills, Austin, TX Wed Jul 21, 2010

would continue? Would the lease have to be entered on the title for the property? How would this work? If the neighbor wanted to enlarge the home, I would want to make sure that I would continue to be able to occupy the portion of the property I am interested in.

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That is a good legal question. I think your best option is to speak with an attorney to make sure everything you need would be taken care of. I hope it all works out for you!
0 votes Thank Flag Link Wed Jul 21, 2010
A deed restriction is a good idea. However, you need to make sure that your lease is written up correctly and tightly protects your interests. I would recommend getting a Real Estate lawyer to write up the contract - the safest route!
0 votes Thank Flag Link Wed Jul 21, 2010
I believe the only sure way you could guarantee is to have the current owner come into an agreement with you that is documented and recorded (as a Deed Restriction). That way anyone purchasing the land in the future would not be able to circumvent you after they own it. The deed could stipulate a number of years for this restriction or make it "expire" after a period of time automatically as it would be stated in the restriction. F the owner of the property is willing to lease land this way he may require that you continue to pay him or the eventual new owner throughout that designated time period whether you continue to lease the land or not as a trade for such a restriction being recorded. From what I remember about deed restrictions, this is a sure way to go. Once a deed restriction is recorded its difficult to remove the restriction, except as stipulated and recorded therein. Because buyers don't always read the deed prior to offering to purchase it would be a good idea for them to know there is a restriction on the land. This may not be a desireable thing as far as the seller is concerned so getting a restriction placed may be difficult.

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0 votes Thank Flag Link Wed Jul 21, 2010
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