The legal doctrine of adverse possession allows someone who is not the record title holder of real property to assert ownership of that property. Adverse possession prioritizes the use and cultivation of real estate as a public policy in Texas. The basic elements of an adverse possession claim in Texas are: (1) actual possession of […]
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Preserving the Homestead Exemption with Living Trusts
Preserving the Homestead Exemption with Living Trusts Revocable Living Trusts are a popular estate planning structure in Texas, but when it comes to homestead property, owners should be aware that the trust’s language can mean the difference between preserving or forfeiting a homestead’s property tax benefits. Maintaining Homestead Tax Exemptions through a Qualifying Trust A […]
Read more...A Tenant’s Right to Terminate a Lease After Rohrmoos
For over 150 years, a tenant’s covenant to pay rent and a landlord’s covenant to repair were completely independent, and the breach of one did not excuse the performance of the other. This rule was articulated in Edwards v. Ward Associates, Inc., 367 S.W.2d 390 (Tex. Civ. App. – Dallas 1963, writ ref’d n.r.e.), and […]
Read more...Oil & Gas Indemnity Agreements in Texas
In the energy industry, it is common for parties to enter into legal agreements directing drilling and day-to-day operations of oil and gas wells. These agreements are commonly known as master service agreements. Master Service Agreements and Indemnity These agreements detail the rights and obligations that each party has during drilling operations. Prior to 1985, […]
Read more...Remote Online Notarization (RON) Now Available in Texas
The 85th Texas legislature passed changes to the law that now allow notarization to occur virtually through an online process. Senate Bill 2128, enacted in 2019, modifies Section 193 of the Local Government Code and Section 12 of the Property Code to create a scheme for recording documents notarized online. How is Online Notarization […]
Read more...Unjust Enrichment: Compensation for Real Estate Improvements
At one time, a property owner was under no obligation to repay another for making unauthorized improvements to property, even if the improvements were made in good faith. Over the decades, Texas courts have modified this rule to allow parties to seek equitable relief for improvements made to real property, as long as no express […]
Read more...Removing Fraudulent Deeds and Liens in Texas
When a lien or real property conveyance is made by a fraudulent document, a party can bring an action under Subchapter J of the Texas Government Code to have the fraudulent document removed from the real property records. This statute provides an expedited process for removing the fraudulent instrument that is more cost effective and […]
Read more...Estate Planning for Parents of Young Children
While many people do not think about making a will until retirement age, it is just as important for younger adults. For parents with young children, it is imperative to have a valid and updated will. Not only does a will direct who will inherit in the event of death, but also allows parents to […]
Read more...Force Majeure Clauses and Coronavirus
The spread of COVID-19 has proved incredibly disruptive, forcing the postponement or cancellation of many private and public events. High profile events that suffered cancellation included the Houston Livestock Show and Rodeo and Austin’s iconic South by Southwest (SXSW). State and local orders mandating social distancing have also made many private events impossible, including weddings, […]
Read more...What the Coronavirus $2T Stimulus Package Means for TX Small Business
Small businesses across Texas have been crippled because of “stay at home” and “shelter in place” orders due to the coronavirus pandemic. Most recently, Governor Abbott signed an executive order consolidating its local predecessors and limiting non-essential activity until April 30, 2020. In order to rescue America’s economy, the federal government recently passed into law, […]
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