Buying property can be risky business. The Latin phrase caveat emptor, “Let the buyer beware” underscores the many perils for the buyer. Not only are you paying a large sum of money to own the property, but you run a risk that the property you think you own is not actually yours to own. In […]
Month: June 2021
General Warranty Deeds vs. Special Warranty Deeds in Texas
A deed is a legal document that conveys ownership of property from one person to another. Texans have several different types of deeds to choose from when transferring ownership. This article will compare two common types of deeds, the General Warranty Deed and the Special Warranty Deed. Both deeds guarantee a clear title, one without […]
Texas Municipal Utility District Notices
A Municipal Utility District or MUD allows communities to develop and grow, particularly in areas which lack municipal services. Through bonds and taxes paid by residents living within its boundaries, a MUD finances water, sewage, and other utility infrastructure. Nearly 1,000 MUDs currently exist in Texas. Requirements of MUD Notices Section 49.452 of the Texas […]
Trespass to Real Property in Texas
Property ownership gives a person the authority to determine how that property is used and by whom. An unauthorized person entering land belonging to another is trespassing, even if the trespassing seems to cause no direct harm. While trespassing seems straightforward, this cause of action is not that simple. Ownership Before making a claim of […]
The Texas Theft Liability Act
While theft has always been a criminal offense, minimal penalties for theft offered a plaintiff few options to recover damages which resulted from theft. That situation changed in the 1980s when chapter 31 of the Texas Penal Code defined the Texas Theft Liability Act. Thanks to the TLA, a plaintiff can now hold the defendant […]
Negligent Hiring in Texas
Texas employers have an obligation to ensure the trustworthiness, reliability, and expertise of their employees. If they neglect those responsibilities, and someone suffers as a direct result, then those employers are guilty of negligent hiring. The Elements of Negligent Hiring To successfully make a claim for negligent hiring, a plaintiff must prove that the defendant […]
Counterclaims, Crossclaims and Third-Party Claims in Texas State Courts
This post is the last in a seven-part series written to explain how counterclaims, crossclaims, and third-party claims are used in answering a lawsuit. Other topics in this series are listed below. Post 1: The Basics of Drafting an Answer Post 2: Dilatory Pleas Post 3: Special Exceptions Post 4: The General Denial Post 5: […]
Keys to Drafting a Valid Non-Compete in Texas
Definition In Texas, a business can limit an employee’s ability to compete against that business when she or he is no longer employed there. A non-compete agreement helps protect businesses from losing clients and/or proprietary information if an employee moves to another job. A non-compete agreement in Texas usually must be part of an employee […]
The Notario Publico and Unauthorized Practice of Law in Texas
Notario Publico and Notary Public are two terms that seem synonymous but definitely are not the same in the state of Texas. Equating one title with the other has caused problems for many people, sometimes leading them to unqualified, even unscrupulous, notaries. Similar in Name Only While the names sound similar, each title originates from […]
Affirmative Defenses in Texas
When answering a claim, a defendant may present an affirmative defense, which is a specific reason that the plaintiff’s case should not win. It states that even if what the plaintiff says is true, underlying reasons and facts invalidate the claim.