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PDF Editor FAQ

Can I buy a tree in Austin, Texas and build a house in it legally?

This has to be the best question I have seen on Quora.So technically according to the Texas Property Code and building and construction standards it could be allowed if the city will consider the tree and the tree roots as a proper foundation. All other building codes would need to be followed which can add to the difficulty to your project. Chances are the building inspectors will not sign off on the work and will not permit it to be a legal structure. This will also stop your ability to connect utilities.If done correctly you can argue that while the structure is not built according to generally accepted building practices you can apply for a variance and could have it passed. Mind you this will be expensive as you will need to have an engeneers letter along with the likely court battles. Good luck finding an engeneers to sign off on that as well.You could how ever build it not to code and with out utilities to be "one with nature" and be a true hippy. However, if the city got wind that you are living in a tree house Health and Human Services and the Building Inspectors would be involved and likely move you or call for the demolition of the structure. This would be on the basis that it is not legally a living structure due to the lack of utilities and proper permits being pulled.The only thing you have going for you is that the land owner can sell or lease the tree and the prescribed air to you and this is legal. Think of it like you would see a billboard. Often the lease only covers just the space the sign is occupying and some access to the base of the pole.As for zoning the general rule is that a single family property can have no more than 4 dwelling unit. So if it is a home with your tree house it would be viewed similar to a duplex. So if you are able to get it legally constructed, zoning would not be an issue.If your motivation is to have a lower cost home, the legal fees and fights you have will likely kill this plan. I would also suggest working with an real estate attorney from the begining so that all the proper legal work is done. If money is no object please let me know as I would love to see this project go together and I have an attorney or two that may love this case based only on the novelty.Disclaimer: This answer is not a substitute for professional legal advice. This answer does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. Seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire. Quora users who provide responses to legal questions are intended third party beneficiaries with certain rights under Quora's Terms of Service (http://www.quora.com/about/tos).

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