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...
Texas Lis Pendens FAQ

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...

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FAQ – Texas Partition Lawsuits

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...

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FAQ – Texas Deeds and Property Transfer Instruments

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...

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The Meaning of “Strict” in Necessity Easements

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...

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Easement by Adverse Possession (Prescriptive Easement)

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....

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By Word or Action, an Implied Easement May be Created

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...

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Texas Data Centers: What Filings Are Actually Required?

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...

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Landowners May Recover Damages from Government Flooding

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,...

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New Water Laws Effective September 1, 2025

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...

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Texas May Require New Disclosure Form to Record Deeds

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...

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New Law Changes How Texas Agents Represent Buyers

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...

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East Texas Groundwater Goes to Austin

East Texas Groundwater Goes to Austin

Key Takeaways from the July 15, 2025 House Natural Resources Committee Hearing By Trey Wilson San Antonio Real Estate Attorney and Texas Water Lawyer Why June 15, 2025 Matters On July 15, 2025, the Texas House Committee on Natural Resources convened in Austin for an...

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Real Estate Broker’s Lien in Texas

Real Estate Broker’s Lien in Texas

Do Real Estate Brokers Have a Lien Right in Texas? By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer In Texas commercial real estate, unpaid broker commissions can lead to expensive disputes—and sometimes litigation. Fortunately, Chapter 62 of...

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Texas Legislature Targets Deed Fraud (Again)

Texas Legislature Targets Deed Fraud (Again)

In recent years, deed fraud has become one of the fastest-growing forms of real estate crime in Texas. Bad actors forge signatures, falsify notary seals, and record fraudulent deeds with county clerks—quietly "stealing" land right out from under legitimate owners. And...

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FEMA Flood Zones: What They Mean for Texas Landowners

FEMA Flood Zones: What They Mean for Texas Landowners

Understanding FEMA Flood Zones and What They Mean for Texas Landowners Flooding is both a natural disaster and a foreseeable legal problem. In Texas, where rapid urban development meets unpredictable weather, understanding how FEMA flood zones affect your property...

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Distributing British-Owned Land After American Independence

Distributing British-Owned Land After American Independence

What Happened to British-Owned Land After American Independence? By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer Fourth of July Special Edition:   One of the more fascinating—and often overlooked—chapters in American legal history is the...

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