A letter of intent is a preliminary document, commonly used in commercial transactions, to outline the eventual terms to be included in a formal contract to follow later. It can be used for a variety of reasons: to protect confidential information, outline terms, or to evidence the parties’ interest and desire to complete a transaction. Letters of […]
Author: Philip Silberman
Texas After Acquired Title Doctrine
The after acquired title doctrine states that if a grantor purports to convey ownership of real property to which he does not have legal title at the time of the conveyance, but later acquires that title, it automatically vests in the grantee. The doctrine of after acquired title stretches back over a century in Texas real […]
Developer Deed Restrictions & Subsequent Purchasers
 Deed restrictions are typically used by developers to control uses of a property and preserve value. If a restriction is properly recorded, thereby providing notice to subsequent purchasers, it will run with the land and apply to future owners. It is important to remember that not all properly recorded restrictions are enforceable.For example, courts have […]
What Qualifies as a Duly Registered Deed for a 5-Year Adverse Possession Claim?
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 the […]
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 […]
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 […]
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 IndemnityThese agreements detail the rights and obligations that each party has during drilling operations. Prior to 1985, parties involved […]
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 Different […]
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 […]
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 […]