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 […]
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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 […]
Read more...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 […]
Read more...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 Indemnity These agreements detail the rights and obligations that each party has during drilling operations. Prior to 1985, […]
Read more...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 […]
Read more...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 […]
Read more...Homestead Laws and Specific Performance
Homestead laws are designed to protect property owners, and Texas has some of the strictest in America. They are meant to prevent creditors from forcing the sale of the family home to pay off the owner’s debts, even when there are no other assets to satisfy the owed amount. But what happens when the issue […]
Read more...Using the Probate Process to Stop Foreclosure in Texas
After a person dies, real property is immediately owned by the heirs-at-law if there is no will or by the beneficiaries in a will if the person left a last will and testament. Tex. Estates Code §§ 101.001(a), 201.001, 201.002, 201.003. Many properties that are inherited by heirs or given to devisees under a will […]
Read more...Hard Money Lenders and Homestead Property
Texas has strong protections from the forced sale of homestead property; however, there are some limited exceptions for certain types of liens that do attach to homesteads. It is well settled that non purchase money loans from hard money lenders will not attach to homestead properties in Texas. If unable to qualify for a home […]
Read more...Limitations For Contribution Claims Between Co-Owners
Co-tenants in Texas that bring partition suits often have claims for reimbursements that may include insurance premiums, repairs, improvements, rent and taxes. In many situations, one co-owner of real estate has paid expenses or collected rent for the property for years and sometimes decades. These claims for reimbursements are typically pleaded as a claim for […]
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