When a dispute over rightful ownership in Texas occurs over land, tenements, or other real property, a “trespass to try title action” is the method for resolving those disputes. Tex. Prop. Code Ann. § 22.001. Once resolved, a trespass to try title action determines ownership of the property and allows the rightful owner immediate possession […]
Author: Philip Silberman
Quiet Title Actions in Texas
An important part of a real estate transaction is making sure that the title to the property is free and clear, meaning that no questions exist about ownership or liens against the property. Ideally, a title company or real estate lawyer ensures that such questions are identified and resolved before closing, confirming a “clear title” […]
Partition Lawsuits in Texas
Co-ownership of a property is possible and often benefits those owners, particularly when they share the property without complaint or dispute. Not all co-ownership goes smoothly, however. If the relationship among co-owners changes, and one or more of the owners is no longer interested in co-ownership, Texas law provides an option for dividing up, or […]
Creating a Professional Corporation in Texas
When a group of people from the same profession work together frequently, they often choose to form a professional corporation. Consisting of people who are licensed in the same profession, the professionals must file a certificate of formation with the Texas Secretary of State via SOSDirect. Tex. Bus. Org. Code Ann. §§ 3.001(a), 3.005(a), 3.007. Management structure, […]
Forming a Limited Partnership in Texas
Not to be confused with a general partnership or a Limited Liability Partnership, a limited partnership is formed by at least two people with at least one general partner and at least one limited partner. Tex. Bus. Org. Code Ann. § 1.002(50). The general partner in the partnership manages the business and has unlimited liability […]
Creating a Corporation in Texas
Owned by shareholders and managed by directors, a corporation is a group of people functioning as a single legal entity. It has the characteristics of limited liability for its owners, centralized management, perpetual duration, and the ability to transfer ownership easily. Forms to create a corporation are available from the Secretary of State. By completing […]
Incorrect Property Descriptions in Texas Deeds
Transferring property from seller to buyer is often a complicated transaction. Although many people carefully review and revise the necessary closing documents, errors still occur. The incorrect legal description of the property has caused some long-term litigation for buyers and sellers. While Texas Property Code Sections 5.027-031 allows for the correction of errors, all parties […]
How to Draft and Negotiate a Commercial Lease in Texas
For both a landlord and a tenant, negotiating, drafting, and finalizing a lease can be an arduous process. Because both parties work to ensure that their own interests are addressed in the document, negotiating a final draft of a lease can involve a significant amount of wrangling, an expensive process which can sometimes lead the […]
The Cost of Missing or Ambiguous Language in Texas Deeds
Conveying real property relies heavily on the exchange of accurate information and mutual agreements based on that information. Formal contracts are in place to verify the agreements and obligate both parties in those agreements. Sometimes, however, drafting errors within the contract itself undo that hard work. Fortunately, the Texas Property Code (§§5.027-03) is in place […]
Texas Intestacy with No Children or Spouse
The best way to ensure that a person’s estate is distributed as he or she wishes is to make a will. However, in the event that a person dies intestate, without a will, Texas has in place a statutory formula that decides how property will be distributed and to whom. This formula is also known […]