Anatomy of Earnest Money Disputes
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 […]
Prescriptive Easement Akin to Adverse Possession
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 […]
Real Estate Agent Generally Not Liable for Seller’s Disclosure Notice
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 […]
Effect and Enforceability of AS-IS Clauses in Real Estate Contracts
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 […]
Seller’s Statements in Disclosure Notice Not Protected Speech Under TCPA
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 By Estoppel?
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 […]
Proving the Existence of an Easement By Necessity
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 […]
Invalidating a Notarized Deed is an Uphill Battle
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 […]
Proving a Claim for Disputed Title – Trespass to Try Title
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 […]
