Partition lawsuits, or lawsuits to divide the ownership of a piece of jointly owned property, occur most frequently in Texas in the context of jointly owned real estate. Section 23.001 of the Texas Property Code gives a co-owner of a home, a plot of land, or other real property the right to petition a court …
Partition of Mobile Homes and Other Personal Property in Texas Read More »
The Texas Farm Animal Liability Act (FALA) began in 1995 as the Texas Equine Act, a narrow statute that protected horse owners from liability for participants’ injuries resulting from the inherent risks of interacting with horses. This statute was expanded in 2011 to cover not only horses, but “farm animals” generally. “Farm animals” are defined …
Unlike other jurisdictions, Texas allows its citizens broad authority to create wills which convey the testator’s (person making the will) property to whomever they choose without meaningful restriction. However, depending upon the circumstances of the execution of a will, there is always the possibility that a will is contested in the course of probate. What …
In Terrorem or No Contest Clauses in Texas Wills Read More »
The Strip and Gore Doctrine is a rather unique doctrine to Texas. This primarily comes into play when narrow strips (like roadways) or gores (small triangular pieces of land) are not expressly conveyed or reserved by deeds for land that sit on either side of the strip, or when there is no other documentation available …
Texas lenders secure their loans in real estate transactions with a deed of trust. The deed of trust serves as a security instrument allowing the lender to foreclose on the buyer and force a sale of the property to pay off the borrower’s remaining debt. For most situations where a buyer falls behind on payment, …
Can I Still Foreclose on a Property if the Debtor Has Died? Read More »
