March, 2022 | Silberman Law Firm, PLLC

Actual Notice and Constructive Notice as Part of the Innocent Purchaser Defense

To benefit from the innocent purchaser defense in Texas, a party must not have actual or constructive notice that another person may have an ownership claim to the property. Knowledge of the claim may result in divestment of the purchaser’s ownership interest. According to Texas Property Code § 13.001, actual notice means that the purchasers …

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Innocent or Bona Fide Purchaser Defense in Texas

The Latin phrase bona fide translates to “something of good faith, authentic, and genuine.” A Bona Fide purchaser, then, is someone who purchases property in good faith, assuming that things are as they seem, that the purchase is legitimate, and the title is unencumbered. If a third party presents a claim against the property, a …

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Notification Requirements for Public Improvement Districts in Texas

A Public Improvement District, also known as a PID, is created by developers or communities to fund infrastructure or enhancements of neighborhoods. A PID may fund a new playground in a subdivision or a repair of its pool, for example, similar to the way a Homeowners’ Association functions. As of September 1, 2021, House Bill …

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Notice to Tenants About Properties in a Floodplain

Severe flooding in Texas in recent years has increased awareness about the importance of floodplains. Reflecting that concern, the 87th session of the Texas Legislature amended a law, effective January 1, 2022, about how and when residential tenants must receive notification that the rental property is at risk of flooding. Definition of a Flood Risk …

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Separate Property vs. Community Property in Texas

The concept of community property originated with Spanish civil law and came to Texas via Mexico. Today, Texas is one of only nine community property states in the country. The term community property applies to the concept of combining separate assets, typically through marriage. The Texas Constitution and Texas Family Code provide definitions and procedures …

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