By. Geoffrey C. Sansom, Levin & Atwood, L.L.P.
Question: What do all those letters after a person’s name on a check and bank statement mean?
Answer: I assume you’re talking about “JTWROS” and “POD.” If so, “JTWROS” stands for “Joint Tenancy With Right of Survivorship” and “POD” stands for “Payable On Death.” JTWROS indicates an account that is co-owned and, when one owner dies, his or her interest in the account transfers to the co-owner (and outside of probate). POD indicates an account whereby, upon the death of the named account holder, the funds in the account belong to the person named as payee on the account. In both types of accounts the deceased must have executed a written agreement establishing the account for them to be effective. The main difference between the two: a JTWROS account is co-owned during the owners’ lifetime, whereas a POD account is not owned by the payee until after the death of the named account holder. Both, however, pass outside of probate.
Question: What happens if a contractor I hire fails to obtain the necessary permits to perform construction work on my home? Can I be held liable?
Answer: Ultimately the property owner is responsible for securing and maintaining the proper permits. Many contractors, as part of their services, obtain the necessary permits and the owner never has to worry about it. If, however, the contractor fails to do so, it is up to the owner to secure the permits and it is the owner who will be held liable for failing to do so. You as a property owner should also be aware that you cannot purchase a building permit in some areas without signing a sworn deed restriction affidavit stating that you are aware of and agree to abide by deed restrictions pertaining to your particular project. If you sign the deed restriction affidavit under false pretenses, you could be subject to court citations, fines, and the removal of the structure or violating portion of the structure. Bottom line: Choose your contractor wisely!
Question: My neighbor parks some of his cars in the street and he is always having visitors over who park their cars in the street, too. It makes it difficult at times for me to even get in and out of my driveway. Is this against any ordinance or deed restriction?
Answer: Depending on the number of vehicles in the street and the degree to which they prevent you from safely entering or exiting your property, they could be considered a nuisance under municipal and Texas law. A nuisance is a non-trespassory invasion of another’s interest in the use or enjoyment of land, public or private. I would advise bringing the matter to your neighbor’s attention and see if he does anything about it. Failing that you would want to contact the City Attorney’s office (if you live in an incorporated area) to report the nuisance and request that action be taken. Should that get you nowhere, and assuming it is important enough to you, you would then need to retain an attorney to prosecute the matter.
The information in this article is not intended as legal advice but is instead intended to provide a general understanding of the law. Readers with legal problems, including those whose issues are addressed here, should consult an attorney of their choosing for advice on their particular circumstances.
