What is a Private Nuisance? In private nuisance, a defendant’s conduct substantially interferes with the use and enjoyment of real property owned by an individual or small group of persons. Private nuisance “may, for example, cause physical damage to the plaintiffs’ property, economic harm to the property’s market value, harm to the plaintiffs’ health, or…
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…
REQUIRED SHOWING FOR TRESPASS CLAIM In order to prevail on a claim for Trespass to real property, a Plaintiff must show an unauthorized physical entry onto his property by some person or thing. Warwick Towers Council of Co-Owners v. Park Warwick, L.P., 298 S.W.3d 436, 447 (Tex. App.–Houston [14th Dist.] 2009, no pet.). The entry…
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…
UNDERSTANDING VENUE In the legal world the term “Venue” refers to the county in which a lawsuit is to be prosecuted. Venue and jurisdiction are related terms, but the concept of venue is more concerned with the locale of a lawsuit. Notably, the venue in which a case goes to trial isn’t always the county…
When you see it… I had the opportunity to visit the Leon County Courthouse in Centerville, Texas during November 2021. The courthouse was built in 1886, making it one of the oldest functioning courthouses in Texas. The restored district courtroom was locked when I arrived, but I convinced a courthouse employee to let me in….
STATUTE OF FRAUDS – GENERAL RULE REQUIRES REAL ESTATE CONTRACTS TO BE WRITTEN AND SIGNED The general rule in Texas is that contracts for the sale of real estate must be in writing and signed by the parties in order to be enforceable. This notion, commonly known as the “Statute of Frauds,” is embodied in TEX….