Turning Point for Texas Water Supply? $1 Billion Desalination Plant Proposed for South Padre Island By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer A $1 billion seawater desalination plant is now being proposed for South Padre Island, and it...
Texas Lawmakers to Study Data Centers
Texas Data Centers and Water: Emerging Issues for Landowners and Water Users By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer Texas is beginning to see a shift in how large-scale development is evaluated, particularly as it relates to data...
Liability Theories in Transactions Involving Texas Groundwater
When Wells Run Dry: Liability Theories Against Sellers and Developers in Texas Groundwater Transactions By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer The Deal Looks Fine—Until the Water Stops In Texas, groundwater is often assumed. If there...
Texas Nuisance Law: No Need to Wait for Injury to File Suit
Can You Stop a Dangerous Project Before It’s Built? A Texas Court Says Yes, If You Plead It Right By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer One of the more important questions in land use and nuisance law is this: do you have to sit still...
Texas Is Subsidizing Data Centers: Is it Worth It?
Texas Is Subsidizing Data Centers — But the Real Story Is in the Law, the Water, and the Risk There is a surface-level story making the rounds right now: Texas is handing out more than $1 billion per year in tax breaks to data centers. That part is true. But if you...
Challenging Denial of Party Status by a GCD
Can You Challenge a Groundwater Conservation District If It Denies You Party Status? What the Texas Supreme Court Said in Cockrell Investment Partners, L.P. v. Middle Pecos Groundwater Conservation District By Trey Wilson, San Antonio Real Estate Attorney and Texas...
Shared Water Well Agreements Are Not Causal Arrangements
A Shared Water Well Agreement Is Not Just About Sharing Water By Trey Wilson San Antonio Real Estate Attorney and Texas Water Lawyer What Texas Landowners Need to Think About Before Multiple Lots Rely on One Well When people hear the phrase “shared water well...
Full Slide Deck – 03/07/26 Groundwater for Real Estate Brokers
Here's the complete slide deck from my 2026 presentation "What Every Texas Real Estate Broker Needs to Know About Groundwater." I have thoroughly enjoyed giving this presentation and the audience feedback has been fantastic. Click on the arrows to advance to the next...
Every Texas Real Estate Broker Needs to Know This About Groundwater
By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer Water has become one of the most important issues in Texas real estate. It affects value, use, development potential, financing, disclosure, and risk. Yet many Texas real estate brokers still...
Texas Court Construes Vague Access Language as Permanent Easement
Warning to Texas landowners: do not assume that permanent burdens on land require clean, surveyed, lawyer-drafted documents. A recent decision from the Fourth Court of Appeals in San Antonio shows how vague access language can harden into a permanent roadway...
Texas Lis Pendens FAQ
Texas Lis Pendens FAQ: What It Means, When It’s Allowed, and How to Remove It A lis pendens can shut down a Texas real estate deal overnight. It can block refinancing, derail a sale, and force disputes into court faster than most parties expect. It is not a...
FAQ – Texas Partition Lawsuits
If you co-own Texas land with someone who refuses to sell, refuses to cooperate, or refuses to do anything except argue, you are stuck until you force a decision. That is what a Texas partition lawsuit is for. It is the legal process that ends the stalemate by...
FAQ – Texas Deeds and Property Transfer Instruments
Texas Deeds and Property Conveyance Instrument FAQs This FAQ explains how deeds and other instruments transferring or affecting real property are recorded in Texas under Texas Property Code Chapter 11, including Section 11.001. If you buy, sell, inherit, or finance...
The Meaning of “Strict” in Necessity Easements
WHAT IS AN EASEMENT? An easement is a liberty, privilege, or advantage without profit granted to a person, either personally or by virtue of his ownership of a specified parcel of land, to use another parcel of land for a specific purpose. Daniel v. Fox, 917 S.W.2d...
Easement by Adverse Possession (Prescriptive Easement)
In Texas, a prescriptive easement is one of the most common ways property owners end up in court over driveways, roads, and access routes. It is a claim that someone has earned a legal right to keep using part of your land, even though there is no written easement....
By Word or Action, an Implied Easement May be Created
IMPORTANCE OF TEXAS LANDOWNERS' RIGHT TO EXCLUSIVE USE & ENJOYMENT OF THEIR OWN PROPERTY The Supreme Court of Texas has expressly acknowledged Texas' emphasis on one's right to exclusively use their own land: A property owner's right to exclusive enjoyment...
Texas Data Centers: What Filings Are Actually Required?
Texas is experiencing a major surge of large-scale data center announcements. The public conversation usually fixates on one headline number: a massive “state filing” with a nine-figure construction budget. Here is the reality. That “state filing” is vague and...
Landowners May Recover Damages from Government Flooding
When Flood Control Floods Your Land: Why a Recent Federal Court Opinion Matters to Texas Landowners By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer Landowners in Texas live with water in a way most Americans do not. Rivers, creeks, arroyos,...
New Water Laws Effective September 1, 2025
Texas Take Note: The following water-related bills were passed by the 89th Texas Legislature and signed into law by Governor Abbott. They become law on September 1, 2025. Senate Bill 7 -- the major water infrastructure bill -- expands the scope of the Texas Water...
Texas May Require New Disclosure Form to Record Deeds
Proposed Texas Law Would Require New Disclosure Form to Record Real Estate Transfers By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer A new bill filed in the Texas House by Representative Holt —House Bill 285—could significantly change the...
New Law Changes How Texas Agents Represent Buyers
New Law Changes the Rules for Real Estate Agents Representing Buyers in Texas By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer Starting January 1, 2026, a new Texas law—Senate Bill 1968—will significantly change the way real estate agents...