WHAT IS A PRESCRIPTIVE EASEMENT? A prescriptive easement (or easement by prescription) is a right of access over another’s property acquired through the claimant’s adverse actions taken “under color of […]
REQUIREMENT OF SELLER’s DISCLOSURE NOTICE Texas law requires Sellers of residential properties to disclose certain conditions that exist on the property. The form of the Seller’s Disclosure Notice is mandated […]
WHAT IS AN “AS IS” CLAUSE? AS-IS clauses are best described as a species of “disclaimer of reliance” clauses. Under such clauses, a buyer generally agrees that she is entering a […]
The Court of Appeals for the First District of Texas was recently presented with a novel claim: that a Seller’s representations contained in a Seller’s Disclosure Notice is protected speech under […]
WHAT IS AN EASEMENT? An easement confers upon one person the valuable right to use the land of another for a specific purpose. Hubert v. Davis, 170 S.W.3d 706, 710 (Tex. App.-Tyler […]
WHAT IS AN “EASEMENT?” “A property owner’s right to exclude others from his or her property is recognized as ‘one of the most essential sticks in the bundle of rights […]
The validity of a deed — and the conveyance of land it purports to represent — often turns on formalities. Whether a deed is subject to being invalidated by a […]
WHAT IS TRESPASS TO TRY TITLE LAWSUIT? A suit to quiet title is a statutory cause of action grounded in Chapter 22 of the Texas Property Code. Generally speaking, a […]
BAD NEWS ALL OVER The destructive impact of COVID-19 is undeniable. Virtually every industry in the American (and possibly worldwide) economy has been negatively impacted. The practice of law is […]
COVID-19 has affected all of us. My small business is not immune from the pandemic’s economic and life-altering impact. Yet, we are here, adapting to the new “normal” to best […]
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