A property survey is a drawing accompanied by a written report which indicates boundaries of real property along with the locations of any improvements on that property. Based on the legal description of the property as well as a surveyor’s measurements, it is a critical document because most lenders require a survey for closing. A […]
Category: Real Estate Law
Negotiating Specific Performance in Texas Real Estate Contracts
Specific performance is a safeguard for buyers and sellers in case one of the parties chooses to back out of a real estate contract. In Texas, specific performance is not a cause of action, but it does provide an equitable remedy when a party breaches a real estate contract. Stafford v. S. Vanity Magazine, Inc., […]
How to Read a Title Commitment in Texas
A title commitment is a document provided to a buyer and a lender before closing on a property. It identifies the terms and conditions for a title company to provide title insurance as well as any issues, exclusions, or exceptions to coverage. Ultimately, the title commitment offers protection to both buyer and lender if a […]
The Fundamentals of Oil and Gas Leases in Texas
The oil and gas industry remains a staple of the Texas economy. Property owners who own mineral-rich land often lease the oil and gas rights to a company able to produce those resources. Property owners in turn benefit from a royalty interest in the oil and gas production from the producer (the lessee). The lease […]
Voidable Deeds
Deeds procured by fraudulent misrepresentation are voidable A voidable deed is one that can be set aside or reformed if necessary to correct a mistake. A fraudulent deed is also voidable. See Maeberry v. Gayle, 955 S.W.2d 875 (Tex. App.—Corpus Christi 1997, no writ) (rescission of deed obtained by fraud was warranted). However, the deed […]
Void Deeds Fraud
Forged deeds are void ab initio Any time a deed is forged, that deed becomes void, considered null ab initio, from the beginning. It cannot be registered, and its intended function as a conveyance of property is completely inoperable and unenforceable. Simply making a claim is not sufficient to render it void, however. If a […]
Void and Voidable Deeds in Texas
Determining whether a deed is void or voidable is critical when determining the validity of the conveyance and the best procedure to challenge the instrument. A deed is defined as either void or voidable at the time that the deed is executed and delivered. A deed is a type of contract, and if a contract […]
Calculating Damages in a Texas Trespass Action
If someone trespasses and causes property damage, the owner of the property is entitled to compensation for that damage. However, property owners should be careful to prove damages accurately to maximize recovery. Relying on the wrong damages model could mean losing a case, and retrials are rare and costly. See Tex. R. App. P. 44.1(b); […]
Damages For Slander of Title in Texas
Successfully conveying property requires a clear chain of title that is free of encumbrances. Considerable effort goes into researching, verifying, and communicating who the legal owner of a property is and exactly what debts against that property, if any, may exist. Any uncertainty about the title of a property may lead to the loss of […]
Changes to the Option Fee in TREC Residential Contracts
In the fall of 2020, the Texas Real Estate Commission approved several important changes to contracts and addenda that took effect April 1, 2021. TREC forms used by sellers, buyers, and agents should now use form contracts that reflect those changes. The biggest change relates to the option fee process found in paragraph 5 of […]