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 […]
Author: Philip Silberman
Texas Farm Animals Liability Act
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 […]
In Terrorem or No Contest Clauses in Texas Wills
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 […]
Texas Strip and Gore Doctrine
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 […]
Can I Still Foreclose on a Property if the Debtor Has Died?
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, […]
Easement in Gross vs. Appurtenant
Easements are generally defined as the right to use another person’s land in a certain manner. Once an easement is established, either by express grant, prescription, estoppel or implication, one of two types of easements is created: an easement in gross or an easement appurtenant. The primary difference between these two types of easements is […]
Waiving Deed Restrictions in Texas
Imagine this: You buy some property in a community with the intention of using the property for a purpose other than as your home. Maybe you want to list the property on AirBNB/VRBO, or rent it out directly for short periods of time. Maybe you would like to open a business, like running a small […]
Forming a Series LLC in Texas
Let’s say you are starting up a new business or want to start buying up investment properties and you are considering forming a Limited Liability Company (LLC). Perhaps in your initial research, you come across the term “Series LLC” and wonder if this is the right entity for your business or investments. A Refresher on […]
Can an HOA Amend Restrictions To Prohibit Short Term Rentals?
So, you become interested in renting out your home with services such as AirBNB and VRBO as a short-term lease option. You carefully review the existing CCR’s on your property, and make sure you can move forward. You begin renting out your home while you’re away. And then, all of a sudden, you receive notice […]
Calculating Damages for Wrongful Death of a Pet in Texas
For many Texans, a treasured pet is loved like a friend, companion, or even a child. The term “fur baby” has become a widely known and used term of endearment for the cats, dogs and other animals we keep and love as our own. The death of a pet can be devastating to any pet […]