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 […]
Category: Real Estate Law
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 […]
Developer Deed Restrictions & Subsequent Purchasers
 Deed restrictions are typically used by developers to control uses of a property and preserve value. If a restriction is properly recorded, thereby providing notice to subsequent purchasers, it will run with the land and apply to future owners. It is important to remember that not all properly recorded restrictions are enforceable.For example, courts have […]
What Qualifies as a Duly Registered Deed for a 5-Year Adverse Possession Claim?
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 the […]
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 […]
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 […]