Many Texas communities have deed restrictions designed to control situations which might adversely affect the neighborhood. Homeowners’ associations are the organizations that enforce those restrictions. While enforcement has often been a challenge, that challenge is significantly escalated by the fact that deed restrictions do not change with the times. One of the more significant changes […]
Category: Real Estate Law
Parking Clauses in Texas Commercial Leases
While indoor spaces and facilities are of great importance when leasing a property, another important consideration is the availability of parking for a property. For that reason, parking clauses are common clauses in commercial leases. The pandemic has shifted parking needs substantially; Many offices need less space for employees now working from home, and retailers […]
Actual Notice and Constructive Notice as Part of the Innocent Purchaser Defense
To benefit from the innocent purchaser defense in Texas, a party must not have actual or constructive notice that another person may have an ownership claim to the property. Knowledge of the claim may result in divestment of the purchaser’s ownership interest. According to Texas Property Code § 13.001, actual notice means that the purchasers […]
Innocent or Bona Fide Purchaser Defense in Texas
The Latin phrase bona fide translates to “something of good faith, authentic, and genuine.” A Bona Fide purchaser, then, is someone who purchases property in good faith, assuming that things are as they seem, that the purchase is legitimate, and the title is unencumbered. If a third party presents a claim against the property, a […]
Notification Requirements for Public Improvement Districts in Texas
A Public Improvement District, also known as a PID, is created by developers or communities to fund infrastructure or enhancements of neighborhoods. A PID may fund a new playground in a subdivision or a repair of its pool, for example, similar to the way a Homeowners’ Association functions. As of September 1, 2021, House Bill […]
What is Marketable Title in Texas?
While owning a home is a goal for many people, the road from finding a home to actually moving into that home is often not straightforward and simple. Even when the buyer and seller reach an agreement about sales price, contracts may fall through for any number of reasons. One of the reasons that a […]
Notice to Tenants About Properties in a Floodplain
Severe flooding in Texas in recent years has increased awareness about the importance of floodplains. Reflecting that concern, the 87th session of the Texas Legislature amended a law, effective January 1, 2022, about how and when residential tenants must receive notification that the rental property is at risk of flooding. Definition of a Flood Risk […]
Texas Builder Contracts for Residential Construction
A property owner invests large sums of money as well as great faith in a builder who is constructing a custom house. Before the construction begins, owner and contractor should discuss key points, agreeing on such issues as time frame, materials, costs, and contingency plans. A residential construction contract documents those agreements, ensuring that everyone […]
Survivorship Agreements for Real Estate in Texas
One of the biggest legal myths in Texas is that jointly owned property automatically goes to the surviving co-owner upon one owner’s death. Once a joint owner (co-tenant) of property dies without a will, Texas intestacy law governs the distribution of the deceased owner’s interest in the property. One of the easiest ways for co-owners […]
Texas Assumption Deed of Trust
A deed of trust in Texas transfers title of real property in trust and is often used as part of a real estate transaction that includes a Warranty Deed with a Vendor’s Lien and a Promissory Note. It functions in a way similar to mortgages used in other states. As the title indicates, in a […]