Tort reform in Texas has made it critical for plaintiffs to ensure that all threshold requirements are met before filing lawsuits against certain professionals. Failure to comply with certain conditions precedent may have dire consequences. Texas law requires a plaintiff to file a certificate of merit contemporaneously with a lawsuit against certain licensed or registered […]
Category: Real Estate Law
What Comes First: The Lien or the Homestead?
Texas is famous for having some of the strongest protections for homestead property in the country. The state is often described as a debtor’s haven where individuals with numerous judgements can live without fear of foreclosure in homes worth millions of dollars. With very limited exceptions such as purchase money liens and mechanic’s liens, the […]
Foreclosing on the Landlord’s Contractual Lien
Almost all Texas commercial leases include a section that provides a Texas landlord with a lien on the tenant’s fixtures and personal property. Often, these contractual liens are overlooked by both landlords and tenants until there is a default by the tenant. The below is an example of pertinent language from a typical landlord’s lien […]
Nuisance Law in Texas
Nuisance is generally the interference with the use and enjoyment of real estate that may result from some wrongful act causing damages. Crosstex N. Texas Pipeline, L.P. v. Gardiner, 505 S.W.3d 580 (Tex. 2016), reh’g denied (Dec. 16, 2016). While Texas recognizes both public nuisance (e.g. littering in a park) and private nuisances (disputes usually […]
Adverse Possession Against Cotenant Heirs in Texas
It is common for a person to inherit partial ownership (e.g. an undivided 1/4 interest) in real property from a relative, thereby becoming joint owners with another family member. Often times, our firm receives calls from potential new clients explaining that they inherited a property owned by multiple heirs many years ago and have been […]
What to Do When Your Divorce Did Not Divide Real Estate
It is common for our firm to receive questions from a former spouse that was a party to a divorce proceeding that did not divide or partition all of the real estate owned by the spouses. Often, an ex-spouse is surprised to learn they are still on title to real property after a divorce has […]
Specific Performance in Texas Real Estate Transactions
Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property according to the terms of an earnest money contract. A party seeking the remedy of specific performance must prove and plead 1) compliance with the contract including tender of […]
An Overview of Texas Homestead Law
Most residents of Texas are familiar with some basic information regarding Texas homesteads such as property tax exemptions and a vague sense that homestead property has some protection from creditors. Article 16, Sections 50–52 of the Texas Constitution provides all Texans with homestead rights, and this article discuss homestead law and the rights associated with […]
The Common Enemy Doctrine in Texas
The term “common enemy” originates from the idea that surface water is the common enemy of every property owner. Union v. Durkes, 38 N.J.L. 21, 22 (1875). The common enemy doctrine embraces the idea that because water is a common enemy, surface water may diverted at the land owner’s discretion, though the diversion may injure […]
Trump’s Tax Plan and What It Means for the Houston Housing Market
The GOP recently revealed a tax plan called the “Tax Cuts and Jobs Act” that outlines proposed changes to the current U.S. tax code. The House Bill includes a plan that would impact the current mortgage interest deduction, property tax deductions and overall standard deduction limit. Currently, homeowners may deduct interest on mortgages of up […]