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 …
Category: Real Estate Law
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 …
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 …
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Calculating Damages For Destruction to Land and Trees in Texas
It is no secret that many Texans have a love affair with their land. This may include the trees that grow on this land. It is quite possible you bought the land your home sits on because of a beautiful 100-year-old giant oak trees that inhabit it. These trees add value to your land that …
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Surviving Spouse Homestead Right
As a married individual, you may wonder what rights you have to your home in the event of your spouse’s death. Article XVI, § 52 of the Texas Constitution can help answer this question. Constitutional Rights Article XVI, § 52 of the Texas Constitution states that, “On the death of the husband or wife, or …
Understanding Property Taxes in Texas
Texans are fortunate to be one of nine states not subject to a state income tax. Still, state and local governments need funding to function, and one type of ad valorem tax, the property tax, is a large source of that local funding. Ad valorem is a Latin phrase meaning, “according to value,” and Texas …
Recent Changes to Property Taxes in Texas
Texas is one of nine states that does not require its citizens to pay a state income tax. That does not mean, however, that people live tax-free in Texas. Since state governments need funding in order to govern the state, Texas funds its needs through ad valorem taxes, which were first used in the United …
Recent Changes Regarding Wraparound Mortgages in Texas
While many choose a traditional mortgage when purchasing a home, other options are available in Texas to meet the varying needs of buyers. One option is a wraparound mortgage, which offers advantages for buyers and sellers, but which also has greater risks than traditional mortgage loans. To help decrease those risks, SB 43, effective since …
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Sales Commission Agreements Need to be Carefully Drafted
Plenty of people in businesses that hire sales associates deal with a compensation arrangement. Typically, when a salesperson is responsible for a sale, some percentage of the value of the sale is payable to the salesperson directly as a way to incentivize effective selling practices and reward salespeople in proportion to how much they benefit …
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Transferring Title to a Mobile Home
Transactions and policies regarding Texas mobile homes are regulated by the Texas Department of Housing and Community Affairs (TDHCA), through its Manufactured Housing Division (the “Division”). The Division administers the Texas Manufactured Housing Standards Act, which ensures that manufactured homes, or mobile homes, are safe and well-constructed, that consumers are provided fair and effective remedies, …