Real Estate Law | Silberman Law Firm, PLLC

What is Considered a Valid Property Description in a Texas Deed?

Not all real estate deeds are created equally. Formatting can vary from attorney to attorney, or even from individual to individual if you decide to draft the deed yourself. Generally speaking, a valid Texas deed must include all of the following: the names of the grantor and grantee involved in the transaction, their intent to …

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Fraudulent Inducement Involving Developer Deed Restrictions

In a prior blog post, we discussed the general concept of deed restrictions used by developers to control uses of a property and preserve value. As mentioned there, commercial deed restrictions are very often enforceable and upheld by courts. An example of such a commercial deed restriction would be an exclusive right to sell chicken …

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What “Having Your Name on the Deed” Really Means in Texas

Effective communication between attorney and client can be made more difficult when the general public’s understanding of a term differs from its legal definition, and “deed” is one of the worst offenders. Movies, television, and other media have created a widely shared misunderstanding of what a deed is, what it does, and what the consequences …

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Do Subsequent Purchasers of a Property Need to Sign a Correction Deed?

The Texas Property Code authorizes the correction of a material error in a recorded original instrument of conveyance—for example, a deed—by agreement. See Tex. Prop. Code § 5.029. To be effective, the instrument correcting the error must be executed by each party to the original instrument “or, if applicable, a party’s heirs, successors, or assigns.” …

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Partition of Mobile Homes and Other Personal Property in Texas

Partition lawsuits, or lawsuits to divide the ownership of a piece of jointly owned property, occur most frequently in Texas in the context of jointly owned real estate. Section 23.001 of the Texas Property Code gives a co-owner of a home, a plot of land, or other real property the right to petition a court …

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