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 […]
Category: Real Estate Law
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 […]
Owelty of Partition Deeds in Texas
Co-ownership of property provides many advantages for owners if everyone agrees about the shared property and its use. When relationships, finances, or other factors change, however, co-ownership may no longer be the best option. Fortunately, Texas laws provide several options for opting out of co-ownership without great difficulty or cost. One such option is an […]
Partition Deeds in Texas
Joint ownership of land is common throughout Texas. Since relationships and situations can change, though, Texas law provides a way for joint owners to voluntarily divide the property. Let’s say, for example, that siblings are named co-owners of land that they inherited from their parents. Perhaps the arrangement works well until one sibling wants to […]
The Purpose of the Railroad Commission of Texas
The Texas Railroad Commission, also known as the Railroad Commission of Texas, performs an essential role in Texas, but its title is deceptive. Created in 1891 when the cattle industry was a dominant force in our state’s economy, the TRC at that time regulated the railroads which brought Texas cattle to markets across the country. […]
Changes to Filing the Texas Homestead Exemption
Texas homeowners have always had a homestead exemption available to them for their primary residence. This exemption helps to lower property taxes for homeowners by excluding a portion of the appraised value of the home from its taxable value. For example, an exemption of $25,000 from a home’s taxable value is available from most Texas […]
Working with a Lawyer When Buying a Home in Texas
The biggest purchase of anyone’s lifetime is usually the purchase of a home. Many home buyers turn to an experienced and qualified real estate agent to help them through the process. An attorney also offers invaluable knowledge and assistance, and for that reason, most states also require a real estate attorney to be included in […]
Requirements of a Mechanic’s Lien Affidavit in Texas
Those who work on and/or supply materials for construction are in great demand in Texas. To protect material suppliers and laborers, Texas allows for mechanic’s lien filings against real estate. Filing such liens increases the chances of payment to contractors or subcontractors by encumbering the property on which they’ve provided labor and/or materials. Requirements According […]
The Constitutional Mechanic’s Lien in Texas
Not surprisingly given the similarity in their titles, the constitutional mechanic’s lien has much in common with statutory mechanic’s lien in Texas. Both safeguard contractors who work for and/or supply materials to a construction site by helping ensure payment through a lien against the property for delinquent payments. One important difference between the two is […]