A Municipal Utility District or MUD allows communities to develop and grow, particularly in areas which lack municipal services. Through bonds and taxes paid by residents living within its boundaries, a MUD finances water, sewage, and other utility infrastructure. Nearly 1,000 MUDs currently exist in Texas. Requirements of MUD Notices Section 49.452 of the Texas […]
Category: Real Estate Law
Trespass to Real Property in Texas
Property ownership gives a person the authority to determine how that property is used and by whom. An unauthorized person entering land belonging to another is trespassing, even if the trespassing seems to cause no direct harm. While trespassing seems straightforward, this cause of action is not that simple. Ownership Before making a claim of […]
The Notario Publico and Unauthorized Practice of Law in Texas
Notario Publico and Notary Public are two terms that seem synonymous but definitely are not the same in the state of Texas. Equating one title with the other has caused problems for many people, sometimes leading them to unqualified, even unscrupulous, notaries. Similar in Name Only While the names sound similar, each title originates from […]
Statutory Fraud in Texas
An act of fraud involves misrepresenting or deceiving someone, causing harm to that person in the process. Statutory fraud is a particular kind of fraud which involves real estate or a stock transaction. Texas law prohibits a person from using false or incomplete information when inducing another person to sign a contract. If the misrepresentation […]
The Texas Real Estate Lien Note
Typically drafted at the same time as the Deed of Trust, the Texas Real Estate Lien Note is a one-way agreement in which the signer makes a promise to pay someone a specific sum of money at a specific time. This article will discuss the different elements and sections of a Texas Lien Note. The […]
Understanding The Texas Warranty Deed
Warranty Deeds in Texas are generally used to transfer title to real estate between parties. This article will define and discuss the common elements of a Texas Warranty Deed. The first element of The Warranty Deed is the heading or caption which provides key information identifying the specific type of Deed. For example, Special Warranty […]
The Texas Deed of Trust
A Deed of Trust in Texas transfers title of real property in trust. It is the equivalent to a mortgage used in other states and provides a secured interest for a lender against real estate. It is often used as part of a real estate transaction that includes a Warranty Deed with a Vendor’s Lien […]
Common Clauses in Commercial Leases
Most commercial leases in Texas are proposed and drafted by the landlord. There is no standard commercial lease form in Texas, and leases are often custom documents drafted by the landlord’s attorney to be heavily favored for the landlord. Prospective tenants usually retain an attorney to revise and negotiate the lease with the goal of […]
An Overview of Texas Easements
Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.There are numerous ways to […]
Texas After Acquired Title Doctrine
The after acquired title doctrine states that if a grantor purports to convey ownership of real property to which he does not have legal title at the time of the conveyance, but later acquires that title, it automatically vests in the grantee. The doctrine of after acquired title stretches back over a century in Texas real […]