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  1. #1
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    2

    Unhappy Legal Definition of "Adjacent"

    My question involves real estate located in the State of: Texas

    We have been sued by a builder in our subdivision who has subdivided the lot next to us into thirds
    - C has been sold and is the only one to share a property line with us
    - B has also been sold and is 100'+ from our property line
    - A, the only remaining one still owned by the builder, is 250'+ from any of our property lines.

    Court papers state "This lot (meaning C) is adjacent to Plaintiff's property in the subdivision."

    Is this statement considered a "false statement"?


  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Legal Definition of "Adjacent"

    It may be a clerical error.

  3. #3
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    2

    Default Re: Legal Definition of "Adjacent"

    this is stated on the original petition as a fact of the case by their lawyer.

  4. #4

    Default Re: Legal Definition of "Adjacent"

    THen you can deny it in your answer.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Legal Definition of "Adjacent"

    Quote Quoting m2112j
    View Post
    this is stated on the original petition as a fact of the case by their lawyer.
    You do understand that their lawyer's office is capable of making clerical errors, don't you?

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Legal Definition of "Adjacent"

    Quote Quoting m2112j
    View Post
    Court papers state "This lot (meaning C) is adjacent to Plaintiff's property in the subdivision."

    Is this statement considered a "false statement"?


    False statement?? No!! In context, it is proper, IMO. You can outline EXACT latitude and longitude, from one property to the other, in your response, up to degrees and minutes.


    You can review TX's statutory construction laws.



    When words have no exact statutory definition, etc., thier everyday ordinary use is applicable:

    SUBCHAPTER B. CONSTRUCTION OF WORDS AND PHRASES

    Sec. 311.011. COMMON AND TECHNICAL USAGE OF WORDS. (a) Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

    (b) Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.



    http://www.statutes.legis.state.tx.u...9977.17355.htm


    http://www.statutes.legis.state.tx.u...0006.17380.htm


    http://www.merriam-webster.com/dictionary/adjacent

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