Drilling a Water Well in Texas: Legal and Practical Considerations By Trey Wilson, Real Estate and Water Lawyer – San Antonio, TX Introduction Drilling a water well in Texas can provide long-term water security for rural landowners, agricultural operations, homeowners and developers. But getting water to where a property owner needs it can be…
What San Antonio Property Owners and Professionals Need to KnowBy Trey Wilson, San Antonio Real Estate Lawyer As a real estate lawyer based in San Antonio, I closely monitor the legal shifts that affect property owners, developers, and professionals in our region. Recent developments at both the state and local levels are reshaping the way…
WHAT IS A ZONING CONTINGENCY? A zoning contingency is a provision in a real estate contract that conditions the obligations of one party (usually the buyer) upon successful modification to the property’s zoning designation. Zoning contingencies are frequently used when the buyer desires to use the property in a way that is not permitted under…
OLD NEWS IS NEW TO ME I realize that the title to this post reads like a tabloid headline, but this story is old news. REALLY old. Thousands of years old, in fact. But it’s new to me, and maybe to You, Today (2/9/25 – Super Bowl Sunday) is the first time I realized…
INTRODUCTION TO THE UERA For years now, a group of interested parties including attorneys have made a nationwide push to adopt a uniform procedure providing for the relocation of some easements. I learned in a recent Bar Association meeting that the initiative to adopt this model law may be gaining traction in Texas. The proposal…
CURRENT LAW – THE LSIPA (2021) In 2021, the the Eighty-seventh Texas Legislature adopted the Lone Star Infrastructure Protection Act in order to prohibit “contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state.” The legislation that became the Act (SB 2116) was filed for the purpose of blocking…
The Texas Legislature has just begun its 89th Session, and proposed legislation has already been introduced to limit the ability of Texas property owners’ associations to impose fines for dried or browning vegetation during drought periods. House Bill 359 by Rep. Vikki Goodwin (D – Austin) proposes to add a new Section 202.008 to the…
INTRODUCTION In an Opinion issued on December 12, 2024, Texas’ 11th Court of Appeals out of Eastland, Tx. upheld the trial court’s dismissal of landowners’ claims that the visual appearance of a neighboring windfarm project constituted a nuisance. According to the Plaintiffs, they were entitled to an injunction and damages because the wind turbine…
TEXAS PUBLIC POLICY FAVORS AGRICULTURE Texans are fond of saying that the Lone Star State is “Open for Business.” This tag line is often used by politicians to signify that Texas laws promote business and are welcoming for companies who desire to operate here. However, it cannot be overlooked that agriculture in all of its…
Our client owns a shopping center, and was accused of flooding a neighboring property in violation of Chapter 11 of the Texas Water Code. The Plaintiff also claimed trespass by entry of water onto their land. We filed a Motion for Summary Judgment seeking dismissal on limitations grounds. The case law is clear about when…
HOW IS THE GROUNDWATER ESTATE CHARACTERIZED RELATIVE TO LAND? The Texas Supreme Court has stated that percolating water is a “part of, and not different from, the soil” and the landowner is the “absolute” owner of it. Houston & T.C. Ry. Co. v. East, 98 Tex. 146, 81 S.W. 279, 281 (1904); see, e.g., City…
Podcast Link: To learn more about this topic, join the conversation by listening to my Podcast Episode. Introduction: These five Texas court cases provide insights into different types of easements, requirements for their establishment, and relevant legal arguments. Main Themes: Easement by Estoppel: This equitable doctrine allows creation of an easement without a written agreement…
Many Texas cities have enacted ordinances that require landowners to connect to public water supply systems. These ordinances regulate land use, and generally prohibit landowners within the City from drilling water wells when municipal or public water supply is located nearby and is reasonably available to serve the property. Although landowners may desire to drill…
It’s election season, which means the airways, radio waves, social media and corners are filled with campaign ads urging you to vote for this political candidate or that proposition. If you have made any political donations in the past, chances are your text messages and emails are also blowing up with political communications. Many property…
Broker-Agent Breakups Happen: Real Estate Sales Agents Don’t (and Maybe Shouldn’t) Have Team Loyalty In recent years, relationships between real estate brokers and agents seem to have gone the way of those between star athletes and their sports teams. The days when players like John Elway, Joe Montana, Tom Brady, Tim Duncan, Larry Bird, Magic…
WHAT IS A LETTER OF INTENT? A letter of intent (also known as an “LOI”) is a writing (often a simple letter) designed to initiate a business or real estate transaction by summarizing or outlining the parties’ intended major deal pointst. LOIs reflect a preliminary commitment by the parties to transact business with one another,…
One of the elements of a fraud claim is reliance upon a misrepresentation made by the Defendant. This means that a Plaintiff must not only prove that the Defendant knowingly made a false representation of material fact, but also demonstrate that the Plaintiff in some way reasonably relied upon a deceitful representation. But not all…
What is Limitations? “Limitations” refers to the period within which a Plaintiff must file a lawsuit. Failure to file suit within the applicable limitations period can render the suit time-barred. The existence of limitations periods is grounded in the notion that justice requires suits to be brought within a reasonable time so that witness memories…
These days, Mediation is ubiquitous in civil lawsuits. The local court rules of most Texas counties require mediation, and the state’s policy has been made clear by statute: Sec. 154.002. POLICY. It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship,…
HOW IS AN EASEMENT BY PRESCRIPTION ACQUIRED? A person can acquire a prescriptive easement if he uses someone else’s land in a manner that is adverse, open and notorious, continuous, and exclusive for the requisite ten-year period. Brooks v. Jones, 578 S.W.2d 669, 673 (Tex. 1979); TEX. CIV. PRAC. & REM. CODE § 16.026. BURDEN…
Texas law recognizes multiple types of easements. One of the most nebulous of these is an easement by estoppel. Easements by estoppel are unique because they are implied (not affirmatively granted in writing or even verbally) by actions (“acquiescing behavior”) — and sometimes the lack of actions and words. ELEMENTS OF EASEMENT BY ESTOPPEL…
RAILROAD COMPANY’s DUTY TO WARN Railroad companies have a general legal duty “to give adequate warning of approaching trains, given whatever obstructions or other conditions exist.” Mo. Pac. R.R. Co. v. Limmer, 299 S.W.3d 78, 92 (Tex.2009). Because “every railroad crossing is tinged with danger,” railroads must provide at least one warning sign that is…
Why Study the Jury Charge? Before taking a case to trial, or even filing a lawsuit, it is critically important to understand the specific questions that jurors will be asked to answer. The juror’s answers to the questions related to a specific claim or cause of action determine liability and damages. So, there is no…
ARE MULTIPLE LAWSUITS BETTER THAN ONE? An important component of litigation strategy in disputes involving multiple parties or multiple claims involves deciding which claims and parties to include in a lawsuit. By extension, that strategy decision includes consideration of whether omitting certain claims or parties from a lawsuit has a specific benefit. Sometimes, a single…
WHAT IS AN EXPRESS EASEMENT? An easement is a non-possessory interest in another’s property that authorizes the holder to use that property for a particular purpose. Marcus Cable Assocs., L.P. v. Krohn, 90 S.W.3d 697, 700 (Tex.2002).Notably, an easement does not convey the property itself. Lakeside Launches, Inc. v. Austin Yacht Club, Inc., 750 S.W.2d…
Has a neighboring landowner caused water to divert onto your property resulting in flooding or other damage? Erection of dams, walls, fences, channels, berms, culverts, and culverts can change the natural flow of rainwater or water courses, resulting in destructive runoff to neighboring properties. Similar water damage can occur when a neighbor clears trees other…
https://www.youtube.com/watch?v=ONjT3AnNWNM HAVE YOU RECEIVED A SCARY LAWYER LETTER? Have you received an aggressive lawyer from a lawyer accusing you of terrible acts and threatening horrific things unless you pay a sum of money? How did reading the letter make you feel? While some people are angered by such letters, the emotion these missives are intended…
WHAT IS RIGHT OF FIRST REFUSAL? A Right of First Refusal or “ROFR” is a grant or covenant by a landowner to another of a preemptive or preferential right, to purchase the property on the same terms offered by or to a bona fide purchaser.” Tenneco Inc. v. Enter. Prods. Co., 925 S.W.2d 640, 644 (Tex. 1996)….
We are often called upon to defend suits filed by tenants against managers of residential rental properties. These suits generally arise from disputes over security deposit refunds and/or unfulfilled repair requests. Sometimes the owner/landlord is also joined in the lawsuit, but frequently the property manager is the sole Defendant. We have enjoyed a recent streak…
Getting served with a lawsuit — especially the first time — can be overwhelming and stressful. We typically ask new clients about the emotions they feel after being served with legal papers, and range is broad, but consistent. Fear, Concern and Anger top the list of most-frequently identified emotions where real estate lawsuits are concerned. The questions new Defendants…
Experience – especially relevant experience – and a proven track record of success are of the utmost importance when hiring an attorney. I have an abundance of both. While there is nothing wrong with having a general law practice, the nuances, complexities, and technicalities of the various legal disciplines make it impossible for any lawyer…
My practice as a real estate lawyer in San Antonio encompasses all aspects of the acquisition, ownership, management, use and sale of real property (land and improvements thereon) in Texas. The services I offer as a San Antonio real estate attorney can generally be divided into two categories: Real Estate Transactions and Real Estate Litigation…
My name is Trey Wilson, and I am a real estate lawyer in San Antonio, Texas. As a Texas real estate attorney, I handle all manner of real estate transactions and lawsuits concerning ownership, use and access to real property. I also handle matters directly related to the ownership of real estate, such as water…