Architect: Alfred Giles Year Built: 1886 The Presidio County Courthouse is located in Marfa, Texas. It is a beautiful structure inside and out, and among my very favorite courthouses in Texas. Note the similarities between the lady justice in Presidio County and that in Wilson County (Floresville). Both courthouses were designed by Giles. Giles also…
Architect: James Riely Gordon. Year Built: 1901 The McClennan County Courthouse is located in Waco, Texas. I have visited this structure multiple times, and it is one of my very favorite Texas courthouses.
Architect: John Cormack. Year Built: 1894. The Karnes County Courthouse is located in Karnes City, Texas. In 1854 Karnes County erected its first courthouse in the county seat of Helena, an important stage stop between San Antonio and Goliad. The original courthouse was destroyed in a storm about 1865 and a new stone courthouse was…
Architect: J. Riely Gordon. Year Built: 1892. The Victoria County Courthouse is located in Victoria, Texas. Designed by the architectural firm of Gordon & Laub, this classic Texas courthouse was the result of the Victoria County Commissioner’s Court decision to replace the old, 1849 courthouse. J. Riely Gordon’s firm was awarded the contract and work began in late 1891…
INTRODUCTION Emotion is complex. It is also instinctive, biological and neurophysiological. Emotion is a natural state of mind or mood that derives from a variety of internal and external factors. In short, Emotion is very real and very Human. Litigation, on the other is a man-made and relatively modern concept. Resolution of differences through lawsuits…
I have always enjoyed studying and discussing details of ancient and modern trials of significant import. The details of some of these trials, such as the trial of Jesus and Salem Witch Trials, are widely-known. Others are far more esoteric. My passion for reading about historical trials has frequently led me to the Famous Trials website created by…
My Texas Courthouse tour recently took me to Sonora. There, I visited the beautiful Sutton County courthouse. It was originally built in 1891 and recently beautifully restored. Hope you enjoy seeing these courthouses as much as I do.
Formation of a valid contract for the purchase and sale of real estate in Texas does NOT require a Buyer to deposit earnest money. Even if a contract expressly requires the Buyer to make the earnest money deposit within a certain time, failure to do so does NOT mean that no contract has been formed….
For landowners looking to sell acreage or commercial tracts, being approached by a developer can be exciting. Over the years I have had many landowner-sellers tell me that after the first contact, they felt like their “ship had finally arrived.” However, when it came time to negotiate the purchase and sale contract, that excitement was…
Texas law requires that a contract’s subject matter be reasonably identified. With contracts for the purchase and sale of land, the subject matter is the property itself. If the contract and related writings do not sufficiently describe the property to be conveyed, then the conveyance violates the statue of frauds. Pick v. Bartel, 659 S.W.2d…
Contract Price Isn’t Always the Actual Price Sellers of acreage properties for other than farm and ranch use can be in for a big surprise when it comes to the actual price a buyer is willing to pay. This is true because many contracts for the purchase of large tracts – particularly for development -are…
The Texas Real Estate Commission is making big changes to some of its most commonly-used forms. In addition to adopting a new Consumer Protection Notice, and revamping other contract forms and addenda, the Commission has adopted significant revisions to the One to Four Family Residential Contract (Resale). (**NOTE: this link contains the legislative drafting – redline version…
RECOGNIZE, BUT DO NOT FEAR, UNCERTAINTY Legal disputes are scary because for most people they are unfamiliar territory. As humans we are all innately scared of the unknown, and the law contains many unknowns for the average person. Lawyers frequently add to this anxiety by answering questions with questions or presenting a complex array…
ABOUT THE DTPA The Texas Deceptive Trade Practices Act (“DTPA”) is a very powerful statute. The DTPA provides protections for consumers from deceptive trade practices in the purchase and lease of goods and services. See TEX. BUS. & COM. CODE ANN. §§ 17.46, 17.50; Amstadt v. U.S. Brass Corp., 919 S.W.2d 644, 649 (Tex. 1996); Smith…
Earnest Money Disputes Arise When Real Estate Contracts Go Sideways Let’s face it, a large number of real estate contracts do not close. No matter how pure the intentions of the buyer and seller, many variables pose hazards to consummation of real estate deals. The path to closing is littered with terminated contracts and the…
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 law.” The adverse actions must persist continuously for at least 10 years. Like other implied easements, easements by prescription are not contained in any written…
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 by statue. Section 5.008(a) of the Texas Property Code states: Sec. 5.008. SELLER’S DISCLOSURE OF PROPERTY CONDITION. (a) A seller of residential real property comprising…
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 contract to purchase real estate relying solely on her own judgment and not on any statement or representation by the seller. See Schlumberger Tech. Corp….
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 the Texas Citizens Participation Act (“TCPA”). This case is significant in that the Court recognized that the TCPA is inapplicable because the Seller’s representations contained…
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 2005, no pet.). An easement is a “liberty, privilege or advantage in land without profit, existing distinct from the ownership of the soil.” Miller v. Babb, 263…
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 that are commonly characterized as property.’” Marcus Cable Associates, L.P. v. Krohn, 90 S.W.3d 697, 700 (Tex. 2002) (quoting Dolan v. City of Tigard, 512…
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 Court often depends on the ability of the party contesting it to prove that it was secured by fraud, or forged. A forged deed is…
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 quiet title lawsuit is the exclusivemethod to adjudicate rival claims of title to real property. See TEX.PROP. CODE ANN. § 22.001 (West 2000)(“A trespass to…
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 no exception. According to a recent report, 64,000 legal jobs were lost in April 2020. This was on top of an even larger dispatch of…
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 serve our clients. Whether this means attending court hearings via ZOOM or meeting with clients in masks, we will do what it takes to THRIVE…
On April 6, 2020, Bexar County Judge Nelson Wolff entered a revised Emergency Order in response to the COVID-19 Disaster Declaration. This Order (NW-o5) contains strict guidelines for all persons entering the Bexar County Courthouse. Among other provisions, the Order provides the following: access to the Bexar Justice Center Complex will be limited to two…
The Texas Association of Realtors (TXR) is not taking the COVID-19 pandemic lying down. Instead, they have issued a series of responsive forms designed to assist their Realtor members and buyers/sellers in navigating the current market uncertainties. The forms are helpful resources for real estate agents, as well as buyers, sellers, landlords and tenants. Among…
Architect: William Charles Stephenson, Jr. Year Built: 1930. The McMullen County Courthouse is located in Tilden, Texas.
Architect: Alfred Giles. Year Built: 1914. The Brooks County Courthouse is located in Falfurrias, Texas.Created in 1911, Brooks County was named for State Legislator James A. Brooks (1855-1944), who served as the first county judge. Edward C. Lasater, founder of Falfurrias, deeded this courthouse site to the commissioners court. County offices occupied rented quarters before…
Architect: J G Breeding & Sons. Year Built: 1884. The Dimmit County Courthouse is located in Carrizo Springs, Texas. Named for one of the framers of the Texas Declaration of Independence, Dimmit County was created from four other counties in 1858. The county was formally organized in 1880, and Carrizo Springs was chosen as the…
Architect: Henry T. Phelps. Year Built: 1927. The Uvalde County Courthouse is located in Uvalde, Texas. Completed in 1928, this structure replaced Uvalde County’s 1890 courthouse. The Commissioner’s Court hired architect Henry T. Phelps, who had designed several other Texas courthouses, and prominent local builder M. H. Ryland to manage the construction project. The Neo-classical…
Architect: Wahrenberger & Beckman. Year Built: 1885. The Maverick County Courthouse is located in Eagle Pass, Texas. A landmark of the Texas-Mexico border area. Built 1884-85, during term of county Judge Thomas Lamb, on site chosen by citizens’ committee, who donated $800 toward purchase of land from R.E. Moffit. Architects: Wahrenberger and Beckman, San Antonio….
Architect: Eugene T. Heiner. Year Built: 1889. The Runnels County Courthouse is located in Ballinger, Texas. Constructed here, 1888-89, after hotly contested battle with Runnels City for county seat. (County had been organized 1880.) Structure stands on one of largest courthouse squares in Texas — 2 city blocks. Plot set aside prior to town lot…
Architect: James Riely Gordon. Year Built: 1898. The Comal County Courthouse is located in New Braunfels, Texas. I have handled countless cases in Comal County and have had the pleasure of practicing in this courthouse (and the “new” annex) throughout my career as a real estate lawyer. This courthouse very much reminds me of Riely’s…
Architect: L.M. Wirtz. Year Built: 1935. The Guadalupe County Courthouse is located in Seguin, Texas. The current courthouse dates from 1935. The architects were L.M. Wirtz & Harold Calhoun. (They also designed the Burnet County courthouse.) The style is “federal” with Art Deco details. Given the tight fit on the block, there isn’t room for additions….
Year Built: 1899. Architect: Marton & Moodie. The McCulloch County Courthouse is located in the Texas Hill Country town of Brady. Brady’s nickname is the “Heart of Texas” due to its location near the geographic center of Texas. Many are enamored with this courthouse and it is a favorite among the community of courthouse enthusiasts….
Architect: Oscar Ruffini & F.E. Ruffini. Year Built: 1886. The Concho County Courthouse is located in Paint Rock, Texas. First permanent courthouse for Concho County. Built in 1886, replacing crude early structure. Architects were the brothers F.E. and Oscar Ruffini, who also planned and constructed first main building at the University of Texas. As F.E….
Year Built: 1909. Architect: Edward Columbus Hosford. The Mason County Courthouse is located in the Texas Hill Country town of Mason. Mason is nicknamed the “Gem of the Hill Country.” From the Historic Marker about the Mason County Courthouse: Constructed in 1909, this is the third courthouse to serve the people of Mason County. Commissioners…
Architect: Garland & Hilles/Fischer Cordova Partners. Year Built: 1991. The El Paso County Courthouse is located in El Paso, Texas. The current courthouse occupies the same city block as the historic 1917/1955 buildings. It began with a large, glass walled office building, erected directly behind the historic courthouse. When the office building was complete and…
