Almost all Texas commercial leases include a section that provides a Texas landlord with a lien on the tenant’s fixtures and personal property. Often, these contractual liens are overlooked by both landlords and tenants until there is a default by the tenant. The below is an example of pertinent language from a typical landlord’s lien […]
Author: Philip Silberman
Texas Non Competes for Doctors
Non compete agreements for all types and ranks of employees have become common place in Texas. Physicians have not escaped this trend and are routinely expected to sign non competition agreements before accepting many positions in private practice. Non compete agreements in Texas must meet certain general requirements to be enforceable; however, additional requirements exist […]
Nuisance Law in Texas
Nuisance is generally the interference with the use and enjoyment of real estate that may result from some wrongful act causing damages. Crosstex N. Texas Pipeline, L.P. v. Gardiner, 505 S.W.3d 580 (Tex. 2016), reh’g denied (Dec. 16, 2016). While Texas recognizes both public nuisance (e.g. littering in a park) and private nuisances (disputes usually […]
Adverse Possession Against Cotenant Heirs in Texas
It is common for a person to inherit partial ownership (e.g. an undivided 1/4 interest) in real property from a relative, thereby becoming joint owners with another family member. Often times, our firm receives calls from potential new clients explaining that they inherited a property owned by multiple heirs many years ago and have been […]
Use of a Bill of Review to Set Aside a Judgment
It is not uncommon for our firm to receive calls from potential new clients explaining that they just found out they have a default judgment against them because they failed to file an answer to a lawsuit. Sometimes the failure to answer occurred because they were never personally served or service occurred and there was […]
What to Do When Your Divorce Did Not Divide Real Estate
It is common for our firm to receive questions from a former spouse that was a party to a divorce proceeding that did not divide or partition all of the real estate owned by the spouses. Often, an ex-spouse is surprised to learn they are still on title to real property after a divorce has […]
Specific Performance in Texas Real Estate Transactions
Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property according to the terms of an earnest money contract. A party seeking the remedy of specific performance must prove and plead 1) compliance with the contract including tender of […]
Forfeitures and Terminations of Texas Business Entities
Many businesses in the State of Texas form entities. Whether a business is a registered partnership, a limited liability company, or a corporation, an entity may lose its ability to do business in Texas if an entity is involuntarily forfeited or voluntarily terminated. This article will discuss the law surrounding forfeitures and terminations as well […]
An Overview of Texas Homestead Law
Most residents of Texas are familiar with some basic information regarding Texas homesteads such as property tax exemptions and a vague sense that homestead property has some protection from creditors. Article 16, Sections 50–52 of the Texas Constitution provides all Texans with homestead rights, and this article discuss homestead law and the rights associated with […]
The Common Enemy Doctrine in Texas
The term “common enemy” originates from the idea that surface water is the common enemy of every property owner. Union v. Durkes, 38 N.J.L. 21, 22 (1875). The common enemy doctrine embraces the idea that because water is a common enemy, surface water may diverted at the land owner’s discretion, though the diversion may injure […]